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Robbery Solicitors
If you have been accused of robbery, you should seek advice from specialist robbery solicitors as soon as possible.
Being found guilty of this offence can result in life imprisonment. It is vital, therefore, that you take action immediately.
Complex issues
Being convicted of robbery can result in a lengthy prison sentence, so having a team of specialist robbery solicitors on your side, who are used to representing people in this often highly complex area of law on a daily basis, is crucial.
Get the right help
Robbery carries a maximum prison sentence of life imprisonment. However, depending on the facts of the case, a successful prosecution could result in anything from a community order to a prison sentence.
What is robbery?
The offence of ‘robbery’ is detailed in the Theft Act 1968.
A person is guilty of robbery if: “he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force”.
In order to be convicted of robbery, there must be an element of force (including a threat of force) associated with the theft.
What is the difference between robbery and theft?
Robbery is theft using (or threatening) force. Without an element of force associated with the theft, a person cannot be successfully prosecuted for robbery.
What is classed as robbery?
There are a wide range of different offences which can be classed as robbery.
These include:
- Mugging
- Carjacking
- Bank robberies
- Vehicle theft
If a weapon was used, this would amount to armed robbery.
Which court is robbery heard in and what is the sentence
Robbery is triable on indictment only. This means that if you are prosecuted for robbery, your case will be heard in a Crown Court, with a judge and jury present.
Robbery carries a maximum prison sentence of life imprisonment. However, depending on the facts of the case, a successful prosecution could result in anything from a community order to a prison sentence.
How does the court decide on a sentence for robbery?
Robbery is split into three main categories for the purposes of sentencing:
- street and less sophisticated commercial
- professionally planned commercial
- dwelling
Precisely how the court will decide the appropriate prison sentence will depend on which category the robbery falls into.
However, the basic premise for each of the three categories of robbery mentioned above remains the same.
First, the court will determine the offence category by assessing culpability and harm.
Culpability is split into three different categories:
- High culpability
- Medium culpability
- Lesser culpability
Harm is also split into three different categories (category one, two and three).
The court will look at the case and use these categories to determine the starting point sentence.
Example of a robbery sentence
As an example, we will pick a case of street and less sophisticated commercial robbery.
In this case, the culpability categories are defined as follows:
High culpability
- Use of a weapon
- Violence threatened by producing a ‘bladed article’ or a firearm (or an imitation firearm)
- Very significant force used
- The offence was motivated by (or hostility was demonstrated based on): race, disability, religion, sexual orientation or transgender identity
Medium culpability
- Violence threatened by producing a weapon other than those mentioned above
- Violence threatened by any weapon (but this weapon was not produced)
- Other cases where factors mentioned in the high culpability or low culpability categories are not present
Lesser culpability
- The person was involved through intimidation, coercion or exploitation
- Minimal force was threatened or used
- Learning disability or mental disability linked to the undertaking of the offence
Once the court has determined which culpability category the robbery falls into, it will then assess the level of harm that was caused (or the perpetrator had the intention to cause) to the victim.
Harm category 1
- Serious physical and/or psychological harm
- Serious detrimental effect on the business
Harm category 2
This would apply to cases where factors mentioned in harm category 1 and harm category 3 are not present
Harm category 3
- Minimal or no psychological or physical harm
- Minimal or no detrimental effect on the business
Once the court has decided which harm and culpability category the robbery fits into, it will then be able to determine a starting point sentence.
For example, if the robbery involved the production of an imitation firearm (one of the characteristics of the higher culpability category) and serious psychological harm was caused to the victim (a characteristic of category 1 harm), the court would likely be led to a starting point sentence of 8 years in custody.
If minimal force was used and no weapon was involved, indicating the offence would fall into the lesser culpability category, and there was minimal harm caused to the victim (indicating harm category 3), the starting point sentence would be 1 year in prison.
However, the starting point sentence is not the whole story. This sentence can then be increased or decreased, depending on any aggravating or mitigating factors.
What are the aggravating factors for robbery which could increase a sentence?
Aggravating factors are characteristics of a robbery which could increase the seriousness of the offence and, as such, the sentence.
Aggravating factors for robbery include:
- Significant planning involved
- The victim was targeted as a result of their vulnerability (or perceived vulnerability)
- High value goods were obtained or targeted (this could be personal, economic or sentimental)
- The offender had a leading role (if part of a group)
- The robbery was committed while under the influence of drugs or alcohol
- The timing of the robbery (if it took place at night)
- The victim was restrained
- The offender involved others through intimidation, coercion or exploitation
What are the mitigating factors for robbery which could decrease a sentence?
Mitigating factors are the characteristics of a robbery which could result in the seriousness of the offence being reduced. They can also reflect personal mitigation (factors which refer to the offender, rather than the offence).
Mitigating factors for robbery include:
- Remorse
- No previous convictions
- Little or no planning
Why do I need specialist robbery solicitors?
Being convicted of robbery can result in a lengthy prison sentence, so having a team of specialist robbery solicitors on your side, who are used to representing people in this often highly complex area of law on a daily basis, is crucial.
Whether you are due to be interviewed by the police with relation to robbery or already have a court date booked in, seeking specialist legal advice, from experienced robbery solicitors, could make a real difference to the outcome of your case.
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