What Is Armed Robbery, Is It a Felony, and What Are the Sentences?

The crime of armed robbery occurs when a person steals property from a victim through violence or intimidation while also in possession of a dangerous weapon. For victims, property loss is just the beginning. Armed robbery can shatter their sense of security and leave them feeling vulnerable and traumatized. It is important to understand the distinct characteristics of an armed robbery, whether you are a victim or someone facing an armed robbery charge.

Depending on the state in which you live, “armed robbery” may not be a “distinct criminal charge. Instead, defendants whose actions constitute armed robbery may be charged with “aggravated robbery” or “first-degree robbery,” with the use of dangerous weapon making the crime a more serious one, compared to “simple” or other degrees of robbery.

This guide explores armed robbery, defining the crime, its potential consequences, and the elements necessary for a conviction. We’ll also outline common armed robbery defenses and look at recent high-profile cases.

What Is Armed Robbery?

Armed robbery involves multiple elements, such as the threat of force or the use of force while in possession of a dangerous weapon. Generally, criminal prosecutors must prove all elements of the theft. This includes the from the victim with the intent to permanently deprive the property owner while using intimidation and the threat of violence with a dangerous weapon.

Dangerous weapons may include knives, firearms, or even fake weapons that the victim may perceive as a threat. Because dangerous weapons can instill a heightened sense of fear and danger among robbery victims, the crime of armed robbery is one of the most serious.

However, for a conviction, a jury must find, beyond a reasonable doubt, that the prosecutor proved every element of the case, or they will be forced to find the defendant “not guilty.”

Elements of Armed Robbery

For a jury to convict someone on an armed robbery charge, the prosecutor must establish several key elements, including:

• Taking someone else’s property: A robbery occurs when someone takes someone else’s property without consent. Even in cases where the victim does not technically own the item taken but merely has it in their possession, the offender can be charged with robbery. For example, if you were to take a library book from someone forcibly, you could be accused of robbery, even though the victim is not the book's owner.
• Taking property from someone's person or presence: While simple theft involves taking an item from a store or the seat of an unoccupied vehicle, robbery involves taking something from a person, either from their physical grasp or control or from their presence. In other words, the items are close to the victim and within their control, like items in a store’s cash register or safe, which are usually within the power of a store employee to access. In some states, robbery can occur even when the item is not taken from a person, or their presence and the use of violence or threats coupled with the theft are enough to classify it as robbery. 
• Carrying away the property: In most instances, the law requires the defendant to carry away the property, even if they don’t make it further than the store’s parking lot. Sometimes, just exercising control over an item can suffice. For example, intending to steal a purse, consider the thief who places their hands on the shoulder strap but is stopped by a good Samaritan before taking it. In most states, the thief is deemed to have gained “control.”
• Intending to deprive the possessor permanently: Anyone who takes someone else’s property must be proven to have intended to permanently deny the victim access to the property at the time of the incident.
• Using or carrying a dangerous weapon during the robbery: As explained previously, "armed robbery" is usually charged as aggravated robbery or first-degree robbery, which requires the element of the use of a dangerous or deadly weapon. However, the defendant does not have to stab the victim, fire a gun, or even hit the victim. Just exhibiting or carrying the weapon with the threat of using it can classify the theft as an armed robbery.

What Is a Strong-Arm Robbery?

Strong-arm robbery involves causing bodily injury or threatening to cause bodily injury without the use of a weapon. While strong-arm robbery remains a serious, dangerous, and sometimes violent crime, it typically results in a lesser charge than armed robbery in most states.

Aggravated Robbery vs. Armed Robbery

The mere presence of a deadly weapon at the crime scene is often enough to charge a suspect with armed robbery. In the case of aggravated robbery, force or an immediate threat of force must be used to gain victim compliance. Although the two crimes are closely related, specific charges may differ, depending on the state.

Is Armed Robbery a Felony?

Yes, armed robbery is a felony offense in every jurisdiction throughout the United States. A felony is the most severe crime category, carrying significant penalties of up to 20 years or more in prison.

Armed Robbery Felony Classifications

While specific felony classifications will vary from state to state, felonies like armed robbery are often classified by degrees, with each degree representing a different level of severity with its own set of penalties.

• First-Degree Felony: Reserved for the most brazen and egregious armed robberies, first-degree felony charges usually involve armed robbery cases where serious bodily injury occurred, a deadly weapon was used, or there were multiple victims. First-degree felonies typically carry extremely harsh sentences, including life imprisonment.
• Second-Degree Felony: Most armed robbery cases that lack “aggravating” factors are charged as second-degree felonies. However, they are still serious enough to carry significant prison sentences of at least several years.
• Third-Degree Felony: In some states, third-degree felonies are reserved for less severe armed robbery cases, where no force was involved, or the stolen property was of little value. Still, a third-degree felony can still involve prison and/or significant probation.

How Long Is a Sentence for Armed Robbery?

An armed robbery sentence can include prison terms ranging from several years to life in prison, depending on where the crime occurred and the specific circumstances surrounding the crime.

Armed Robbery Charge and Defense

Surprisingly, mistaken identity is one of the most common armed robbery defenses. In some states, another common defense relies on claiming ownership of the stolen property and, therefore, could not have committed robbery because you can’t steal your own property.

• “Mistaken Identity” Defense: If the defendant can present an alibi establishing that they were, in fact, somewhere else at the time of the armed robbery, they can successfully claim that their arrest was a case of mistaken identity.
• “It’s My Property” Defense: Some states allow defendants to argue that they only took what was rightfully theirs. Since the elements of an armed “robbery” include taking someone else’s property and the defendant was only retaking what was theirs, this element could remain unproven.

Armed robbery cases are often quite complex, and mounting a reasonable defense requires an experienced attorney who can evaluate your case and determine the most effective strategy tailored based on the specific circumstances surrounding the charges against you.

Case Studies: Recent Armed Robbery Incidents

Armed robbery cases are handled differently from state to state and even county by county. In addition to the jurisdiction, the specific details of the crime and the circumstances can often influence the outcome of each case.

Here are some examples of recent armed robbery cases in the same state:

Hinsdale, IL Armed Robbery Case

In 2022, Stephon Little was arrested for robbing a Verizon Wireless store in Hinsdale, Illinois. However, this was not an isolated incident. At the time of the armed robbery, the defendant was out on bond on electronic monitoring for robbing a Wheaton Sprint store at gunpoint in 2019. 

Although no one was injured in either robbery, DuPage County Judge Joseph Bugos handed down a twenty-one-year sentence on the Wheaton robbery and a twenty-six-year sentence on the Hinsdale robbery, to be served concurrently. The state prosecutor had asked for a sentence of sixty years.

Lombard Armed Robbery Suspect Case

In December 2022, in Lombard, Illinois, an armed robbery unfolded at a smoke shop. The details are complex, with reports of the suspects firing upon officers with a modified weapon. In response, one officer returned fire and fatally shot one of the two suspects involved in the robbery. 

Another suspect, Anthony Brown, was ultimately charged with attempted first-degree murder, among other charges. Unlike Stephen Little, Anthony Brown was denied bond, and it is unlikely he will have the chance to commit another armed robbery anytime soon.

Armed robbery is a felony, no matter the value of items taken during the incident. Most states dole out severe punishments for armed robbery because it always involves the use or possession of a dangerous or deadly weapon. Those convicted of armed robbery in most states can easily face a minimum of 20 years in prison for their crime.

When facing a felony charge, consulting a criminal defense lawyer is essential. An experienced defense attorney can help you understand the charges and the weight of the evidence. A good attorney can realistically assess the possibility of dismissed or reduced charges, a plea bargain, or the consequences of taking your case to trial.