Robbery is the 2nd most common violent crime in Chattanooga specifically, and Tennessee in large. While similar to property crimes and lesser included offenses like theft, robbery is actually a personal crime because it refers to the specific type of theft that occurs during a violent, personal interaction. And depending on the severity of the offense, there are different charges to describe the kind of robbery that took place.
Robbery
The basic charge for robbery covers the basic elements: taking property from another person through the use of violence or fear.
TCA § 39-13-401
(a) Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.
(b) Robbery is a Class C felony.
TCA §40-35-111 (b) (3)
Because this is a Class C Felony, it carries a sentence of 3 to 15 years, or a fine of up to $10,000, or both, unless otherwise stated in the statute.
Lawyer’s note:
“It is irrelevant if the accused believe their actions were violent or actually put the victim in fear. An individual’s idiosyncrasies may help to explain or mitigate the actions in a trial but likely will no have value in the initial phases of charging and prosecution”
Aggravated Robbery
Robbery becomes aggravated once a deadly weapon, or anything made to seem like a deadly weapon, is involved, or if the victim of the robbery suffers severe injury.
TCA § 39-13-402
(a) Aggravated robbery is robbery as defined in § 39-13-401:
(1) Accomplished with a deadly weapon or by the display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
(2) Where the victim suffers serious bodily injury.
(b) Aggravated robbery is a Class B felony.
TCA §40-35-111 (b) (2)
Because this is a Class B Felony, it carries a sentence of 8 to 30 years, or a fine of up to $25,000, or both, unless otherwise stated in the statute.
Lawyer’s note:
“We have seen the element of having something that may seem to be a deadly weapon turn benign events into serious felonies. We have defended young men playing games with toy guns almost resulting in spending the first part of their adult life in jail.”
Especially Aggravated Robbery
Especially Aggravated Robbery differs from the former in the sense that both a deadly weapon, or something made to seem like a deadly weapon, and serious injury have to be present for this charge.
TCA § 39-13-403
(a) Especially aggravated robbery is robbery as defined in § 39-13-401:
(1) Accomplished with a deadly weapon; and
(2) Where the victim suffers serious bodily injury.
(b) Especially aggravated robbery is a Class A felony.
TCA §40-35-111 (b) (1)
Because this is a Class A Felony, it carries a sentence of 15 to 60 years, or a fine of up to $50,000, or both, unless otherwise stated in the statute.
Lawyer’s note:
“Serious bodily injury is often up to interpretation and may require a medical professional to testify.”
If you or a loved one have been charged with robbery call us at (423) 829-1043 for a free consultation.