Delaware attorneys Rahaim & Saints have more than 20 years of experience representing clients throughout the state against all manner of criminal charges. If you have been charged with first or second degree robbery, make our office your first call. We can provide aggressive representation that may be able to get the charges against you reduced or dropped, so you can put the past behind you and move on with your life.
Robbery Vs. Burglary
Robbery is distinguished from burglary, as the former crime typically involves the use or threat of physical force against another person. Robbery is always charged as a felony and carries harsher penalties which can include jail time, house arrest and probation, as well as a mark on your criminal record. This can limit your ability to find employment, travel and take advantage of other opportunities. For these reasons, representation from a skilled attorney who knows Delaware robbery laws is essential.Do I have a case?
Second Degree Robbery
Second degree robbery is the lesser of the two robbery charges that can be brought against an individual in Delaware. Section 831 of the state code defines second degree robbery as any theft in which a violent action or the threat of force is used to overcome resistance or compel the victim to give up their property. This includes any threat or violent act that occurs during a theft, in the attempt to commit a theft, or in the immediate aftermath of a theft taking place.
First Degree Robbery
Robbery in the first degree is a more severe charge which is applied in certain scenarios that elevate the seriousness of the incident. These are outlined in Section 832 of the Delaware code and include any incident that meets the criteria for second degree robbery but:
- results in a physical injury to the victim of the crime or any innocent bystanders
- involves the display of a deadly weapon in an attempt to intimidate the victim, or the insinuation by word or action that the attacker has a weapon in their possession
- involves the use of a deadly weapon, or the threat of a weapon being used
- is committed against an individual age 62 or older
Consequences of a Robbery Conviction
Second degree robbery is a class E felony punishable by up to five years in prison. A conviction of first degree robbery is a class B felony, which carries a minimum three years and as many as 25 in a class five facility (state prison).
For an offense committed within 10 years of completing a prison term for a previous robbery, a minimum five year sentence is imposed. When it comes to sentencing, Delaware law does not differentiate between attempted and completed robbery.
Get Help From Rahaim & Saints
Contact the robbery defense lawyers at Delaware’s Rahaim & Saints to schedule your free consultation with our team. During this meeting, we’ll go over the charges against you and explain your options for fighting them in court. Our offices are located in Wilmington and Newark — call the location near you for immediate assistance.