Section 2911.02 of the Ohio Revised Code defines robbery in the following terms:
(A) No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following:
(1) Have a deadly weapon on or about the offender’s person or under the offender’s control;
(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another;
(3) Use or threaten the immediate use of force against another.
(B) Whoever violates this section is guilty of robbery. A violation of division (A)(1) or (2) of this section is a felony of the second degree. A violation of division (A)(3) of this section is a felony of the third degree.
Robbery is a serious charge that involves committing a theft or the attempt to commit a theft, but the charge of robbery itself is much more than mere theft. It is considered a violent crime, whether injury has occurred or not, due to the element of force which is defined as “any violence, compulsion, or constraint physically exerted by any means upon or against a person or thing.” Serious consequences will occur if you are convicted of robbery as such a conviction is a felony, which will have serious negative impact on your life.
Robbery in the State of Ohio as a Third Degree Felony
It’s essential to understand that you can be charged with robbery even if you do not have a weapon. Further, you do not even have to inflict harm on another person to be charged with robbery, as the only requirement is the threat of force. Robbery is taking property that is in the control of someone else. Such circumstances result in a third-degree felony as defined under Section 2911.02 (A)(3), and if convicted of a third degree felony robbery the penalties are either court community control sanctions (also called probation) or 9, 12, 18, 24, 30 or 36 months in prison. If you have two or more convictions (in separate cases for aggravated robbery, robbery, aggravated burglary or burglary) then the sentencing range for a third degree felony robbery increases to 42, 48, 54 or 60 months in prison and can include court costs, a fine not to exceed $10,000 and restitution. If you are sent to prison you will also be placed on three years of post-release control (also called parole) after your release from prison
Robbery in the State of Ohio as a Second Degree Felony
Possessing a deadly weapon while committing a robbery or inflicting, attempting to inflict, or threatening to inflict physical harm on another will result in a charge of robbery in the second degree. Many commonplace items can be construed as a deadly weapon. For example a screwdriver, pair of scissors, hammer, etc. Therefore, you should not assume that simply because you did not possess a knife or a firearm that you will not be charged with robbery in the second degree. If convicted of second degree robbery the law presumes you are to be sent to prison though that presumption can be overcome by the defendant at sentencing. The penalties for a second degree felony are between two and eight years in prison (in one year increments) and may include court costs, a fine not to exceed $15,000 and restitution. If you are sent to prison you will also be placed on three years of post-release control (also called parole) after your release from prison.
Aggravated Robbery in the State of Ohio is a First Degree Felony
The most serious robbery charge is aggravated robbery and occurs when a deadly weapon is either used, brandished, or the offender indicates that he has a deadly weapon. For example, placing you hand in the pocket of your jacket and acting like it is a firearm. Or, if you inflict or attempt to inflict serious physical harm on another person. If convicted of first degree robbery the law presumes you are to be sent to prison though that presumption can be overcome by the defendant at sentencing. The penalties for a first degree felony are between three and eleven years in prison (in one year increments) and may include court costs, a fine not to exceed $20,000 and restitution. If you are sent to prison you will also be placed on five years of post-release control (also called parole) after your release from prison
If you are have been charged with robbery in Ohio
If you have been charged with robbery in Ohio, an experienced criminal defense attorney will help determine whether you have any defenses to the charge(s) and thoroughly discuss your options. Should you decide to go to trial, a skilled defense attorney is an absolute necessity. For more information and a free consultation, please contact Jeff Hastings, experienced Cleveland Criminal Defense Attorney.
