Under the common law, robbery is the taking of property from another person’s body or immediate presence, by force or intimidation, with the intent to keep it permanently. It is a felony everywhere in the United States. A conviction can carry anywhere from a few years in prison to life, depending on whether a weapon was involved, whether anyone was hurt, and where the case is prosecuted.
The Four Elements
To secure a conviction, prosecutors have to prove four things beyond a reasonable doubt. Miss one and the charge fails.
- A taking of personal property belonging to someone else. The item’s value doesn’t matter; a phone, a wallet with a few dollars, or a jacket is enough.
- From the person or their presence. The property was on the victim’s body or close enough that the victim could have prevented the taking but for the force or threat. A purse on a restaurant table two feet away qualifies; a car parked three blocks away likely does not.
- By force or intimidation. Physical violence, a displayed weapon, or a threat serious enough to overcome resistance.
- Intent to permanently deprive. The defendant meant to keep the property, not borrow it.
The “presence” element gets litigated more than people expect. Courts focus on whether the victim’s ability to protect the property was neutralized by the defendant’s conduct, not on the exact distance. A store employee watching merchandise from across the room satisfies the element.
What Counts as Force
Force is what separates robbery from larceny. It can be physical violence, a weapon, or a verbal threat convincing enough that a reasonable person would fear immediate harm. The victim doesn’t have to be injured. Genuine fear of violence is enough.
The harder question is minimal-contact taking. The U.S. Supreme Court took up the issue in Stokeling v. United States. Florida courts had held that grabbing cash from a victim’s hand and running is not robbery, and that feeling fingers on the back of your neck while a chain is stolen is not “force.” Several states responded by enacting separate sudden-snatching statutes to fill the gap. The question courts ask is whether the defendant overcame any resistance from the victim. If the victim didn’t have time to resist or didn’t hold on, some jurisdictions treat the incident as theft.
When the Force Has to Happen
Force has to occur before or during the taking, but “during” is broader than it sounds. Consider a shoplifter who leaves the store peacefully, gets confronted by a guard in the parking lot, and pulls a knife. Is that a theft plus a separate assault, or a robbery?
Courts have widely adopted the continuous transaction doctrine. In People v. Estes, a California case that has influenced courts across the country, the defendant took merchandise, was confronted outside by a security guard, and threatened to kill him. The court held that robbery is “a continuing offense that begins from the time of the original taking until the robber reaches a place of relative safety.”1Justia. People v. Estes (1983) Force used to keep the property or escape counts. The Model Penal Code writes the same idea into its robbery provision, covering force used during an attempt at theft or during flight afterward.2University of Pennsylvania Law School. Model Penal Code – Section 222.1 Robbery
How Robbery Differs From Larceny, Burglary, and Extortion
Robbery shares surface features with several other crimes, and the differences matter for both charging and defense.
Larceny is theft without confrontation. A pickpocket who lifts a wallet without the victim noticing commits larceny, not robbery. So does a shoplifter who walks out unseen. The moment force or a credible threat enters, the charge escalates.
Burglary is entering a building with intent to commit a crime inside. No victim needs to be present. Breaking into an empty house to steal electronics is burglary. If the homeowner walks in and gets threatened, that adds robbery on top.
Extortion also involves threats, but the mechanics differ. Robbery is taking property against the victim’s will using immediate force. Extortion typically involves threats of future harm, and the victim hands the property over. The Hobbs Act draws the line directly: robbery is taking property “against his will,” while extortion is obtaining property “with his consent, induced by wrongful use of actual or threatened force.”3Office of the Law Revision Counsel. 18 USC 1951 – Interference with Commerce by Threats or Violence
Degrees and Aggravating Factors
Most states grade robbery by how dangerous the offense was. Simple or second-degree robbery involves force or threats without aggravating circumstances. Aggravated or first-degree robbery typically involves a deadly weapon, serious physical injury, a particularly vulnerable victim, or multiple accomplices. Some states treat robbery of banks or pharmacies as automatically aggravated.
The Model Penal Code, which has shaped criminal codes in roughly two-thirds of states, classifies robbery as a second-degree felony by default and elevates it to first-degree when the robber “attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury” during the crime.2University of Pennsylvania Law School. Model Penal Code – Section 222.1 Robbery
When Robbery Becomes a Federal Case
Robbery is prosecuted overwhelmingly at the state level. Federal charges enter the picture only when the crime touches a specific federal interest.
Robberies on Federal Property
Robberies on federal property, military bases, or within the special maritime and territorial jurisdiction of the United States fall under 18 U.S.C. § 2111. The elements mirror common law robbery. The maximum penalty is 15 years.4Office of the Law Revision Counsel. 18 U.S. Code 2111 – Special Maritime and Territorial Jurisdiction
The Hobbs Act
The Hobbs Act, 18 U.S.C. § 1951, is the primary federal tool for robberies that affect interstate commerce. If a convenience store sells products shipped from another state, a robbery of that store can be charged federally. Prosecutors must prove the defendant took property, that the taking was accomplished through robbery, and that interstate commerce was affected. The commerce hook is interpreted broadly; even a minimal effect qualifies. The maximum penalty is 20 years and a fine.3Office of the Law Revision Counsel. 18 USC 1951 – Interference with Commerce by Threats or Violence
Carjacking
Taking a motor vehicle from someone by force is prosecuted federally under 18 U.S.C. § 2119 when the vehicle has crossed state lines at any point, which covers essentially every car on the road. Federal carjacking requires that the defendant acted “with the intent to cause death or serious bodily harm,” a higher intent standard than ordinary robbery.5Office of the Law Revision Counsel. 18 U.S. Code 2119 – Motor Vehicles Penalties scale with harm: up to 15 years ordinarily, up to 25 years if serious injury results, and up to life if the victim dies.
What the Sentence Can Look Like
State sentences for simple robbery commonly run from a few years to 10 or more. Aggravated or armed robbery pushes that ceiling to 20 years, 30 years, or life in the most serious cases. Judges weigh criminal history, level of violence, victim vulnerability, and whether anyone was physically harmed.
Firearms Enhancements
Using a gun triggers some of the harshest enhancements in criminal law. Under 18 U.S.C. § 924(c), federal firearms charges carry mandatory minimums that stack on top of the robbery sentence and must run consecutively, not concurrently:
- Possessing a firearm during the robbery adds at least 5 years.
- Brandishing a firearm adds at least 7 years.
- Discharging a firearm adds at least 10 years.
Short-barreled rifles, shotguns, and semiautomatic assault weapons raise the minimum to 10 years. A second § 924(c) offense carries a 25-year mandatory minimum. Probation is not an option for these charges.6Office of the Law Revision Counsel. 18 USC 924 – Penalties This is where federal prosecutors gain enormous leverage in plea talks. A defendant facing Hobbs Act robbery plus a § 924(c) count is looking at a floor of 25 years or more before the judge weighs anything else.
Felony Murder
If anyone dies during a robbery, including the victim, a bystander, or an accomplice, participants can face first-degree murder charges under the felony murder rule. Federal law lists robbery as a predicate felony, with punishment of death or life imprisonment.7Office of the Law Revision Counsel. 18 USC 1111 – Murder Most states have parallel provisions. The prosecutor does not have to prove the defendant intended to kill anyone. If a death was a foreseeable consequence, every participant can be held responsible. Getaway drivers and lookouts have been convicted when things went wrong inside.
Firearms Ban After Conviction
Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing any firearm or ammunition.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Because robbery is always a felony, this ban applies to every person convicted of it, and violating it is a separate federal crime.
Defenses
Defending a robbery charge usually means attacking one of the elements. The strongest defenses give the jury an alternative account of what happened.
Misidentification
Eyewitness identification is one of the least reliable forms of evidence, and robbery cases rely on it heavily. Victims under stress tend to focus on the weapon rather than the face. Poor lighting, brief encounters, and cross-racial identification compound the problem. Defense attorneys challenge these identifications through expert testimony on memory and perception, inconsistencies between initial descriptions and the defendant’s appearance, and flaws in lineup procedures.
Lack of Intent
If the defendant genuinely believed the property was theirs, or intended to return it, the intent to permanently deprive may fail. This comes up in disputes between people who know each other. The defendant doesn’t have to be legally correct about ownership, only honestly believe they were entitled to the property.
Duress
A defendant who committed robbery because someone credibly threatened to kill or seriously injure them or a third party can raise duress. The requirements are strict: the threat must have been immediate, must have continued throughout the crime, and the defendant must have had no reasonable chance to escape. If a safe avenue of retreat existed, the defense fails. Duress is available for robbery but not for intentionally killing an innocent person.
Self-Defense
Occasionally a defendant argues the force was a response to aggression from the alleged victim. This requires showing that the other person started the confrontation, the response was proportional, and the situation genuinely involved self-protection rather than an attempt to take property. Courts look at these claims closely because they can resemble after-the-fact rationalizations.
Accomplices and Co-Conspirators
Robbery prosecutions frequently sweep in people who never held the gun or grabbed the cash. Under accomplice liability, anyone who intentionally aids or encourages a robbery — driving the getaway car, acting as a lookout, planning the crime — faces the same charges as the person who carried it out.
Federal law extends this further through Pinkerton liability. Every member of a conspiracy can be held responsible for crimes committed by other members, as long as those crimes were within the scope of the conspiracy and reasonably foreseeable. If two people agree to rob a store and one assaults the cashier, both can be convicted of the assault, even if the second person never planned any violence. Prosecutors must show the defendant was part of the conspiracy, the additional crime fell within the criminal plan, it was committed in furtherance of the conspiracy, and it was a foreseeable consequence of the agreement.
This is where peripheral participants get hit hardest. Someone who agreed to a quick grab can end up facing felony murder charges if an accomplice kills someone during the robbery.
How Long Prosecutors Have to Charge
Federal law sets a five-year statute of limitations for non-capital offenses, so an indictment must be filed within five years of the crime.9Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital If the robbery resulted in a death and is prosecuted as a capital offense, no time limit applies.
State deadlines vary. Many states set five to six years for standard robbery, with longer periods or no limit for armed or aggravated robbery. Some states pause the clock while the defendant is out of state or evading prosecution. A handful have no limitation for any felony. Missing the deadline bars prosecution entirely, regardless of how strong the evidence is.