Robbery in Pa is a serious felony offense. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best robbery attorney near me?” The people have spoken, it’s The McShane Firm
Charges Dismissed
With any guilty verdict on any charge I would have been given 20 months of back time in a PA DOC Facility. Your firm gave me another chance. I will recommend you to anyone who wants their own second chance.
BS
Without a doubt, the BEST Criminal law defense attorneys around! Choosing The McShane Firm for DUI defense was one of the best decisions of my life. Literally. They’re smart, look at case details in depth, and treat you like family.
R.M.
The McShane Firm is hands down the best criminal defense and DUI defense firm in Central PA. I have worked with them and have referred many others. They not only use the law but modern science and technology to resolve your case. Don’t fall for the goofy commercials with catchy jingles!! These men and women are the ture professionals you not only want, but NEED on your side. 5 stars aren’t enough!!
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Amazing team!
Corey and Cassandra did everything I could have ever hoped for! I had never been in any kind of trouble before and had tons and tons of questions. No matter how many times I contacted them, they were so quick to get me an answer and help me through so such a stressful time. I got exactly the outcome I was looking for (probably even better to be honest) and it was a very quick resolution as well. I would 100% recommend them to anyone in need of an attorney. I cannot thank them enough!
Jazz
The Law
You can read the exact wording of the law here: § 3701. Robbery.
In essence, and over simplified, robbery is a threat plus either use of force or a threat of use of force. But let’s look over what the government has to prove in finer detail.
What the government has to prove:
It is vital to remember what too many prosecutors and even defense attorneys forget. You are presumed to be innocent. Being charged with a crime is not evidence of guilt. You have no burden to prove yourself innocent. And you should not accept the job of trying to prove yourself innocent. Innocent is how you start and what you remain unless the government can prove beyond a reasonable doubt the following:
- The accused
- in the course of committing a theft, he:
(i) inflicts serious bodily injury upon another;
(ii) threatens another with or intentionally puts him in fear of immediate serious bodily injury;
(iii) commits or threatens immediately to commit any felony of the first or second degree;
(iv) inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury;
(v) physically takes or removes property from the person of another by force however slight; or
(vi) takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.
What does “in the course of committing a theft” mean?
Per the law “in the course of committing a theft” means that the events occur in an attempt to commit theft or in flight after the attempt or commission. So even if you finish the act of stealing (the theft), if the threat of force or use of force happens on the escape, then it becomes a robbery. This typically happens in a retail theft situation when someone security confronts a thief. If the person, after being confronted, shoves the clerk or loss prevention to merely get away, that conduct elevates the retail theft (which is usually a misdemeanor) to a felony.
What is “serious bodily injury” and “bodily injury”?
“Serious bodily injury” (SBI) and “bodily injury” (BI) are sort of amorphous concepts. There are some things that clearly meet the definition of BI, but not BI. In all cases, the government must prove the element of either BI or SBI beyond a reasonable doubt. The grey area of what is or is not SBI or what is or is not BI is up to the jury.
Here is the technical legal definition of Serious Bodily Injury in PA: It is “[b]odily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
The technical legal definition of Bodily Injury in PA is as follows: “Impairment of physical condition or substantial pain.”
Maximum Penalties
In addition to your instant concerns about jail and fines, you need to also consider everything you lose with Felony Conviction Consequences in Pennsylvania
Felony of the second degree Robbery
If the theft occurs where the accused:
(iv) inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury; or
(vi) takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution thereof.
The crime is a felony of the second degree in PA. As such, the maximum period of incarceration is 10 years and a fine not to exceed $25,000.00
Felony of the third degree Robbery
If the theft occurs where the accused:
(v) physically takes or removes property from the person of another by force however slight
It is a felony of the third degree in PA. All F3s in PA carry a maximum term of prison not to exceed 7 years and a fine not greater than $15,000.
Felony of the first degree Robbery
If the theft occurs where the accused:
(i) inflicts serious bodily injury upon another; or
(ii) threatens another with or intentionally puts him in fear of immediate serious bodily injury; or
(iii) commits or threatens immediately to commit any felony of the first or second degree;
It is a felony of the first degree in PA. All F1s in PA carry a maximum term of prison not to exceed 20 years and a fine not greater than $25,000.
Note:
In the actual law, you will find the following sentencing enhancement that changes the maximum sentence:
(2) If the object of a robbery under paragraph (1) is a controlled substance or designer drug as those terms are defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, robbery is a felony of the first degree.
However, this increase in the maximum sentence because of robbing drugs is presumptively unconstitutional because the element that triggers the enhancement is not an element put to the jury to be proven beyond a reasonable doubt. Most attorneys are not aware of this nuance. It costs hundreds of folks thousands of years combined in jail illegally.
