Armed Robbery Charges Dropped or Reduced: Madison WI lawyer
Tom Grieve is an experienced gun attorney who has appeared as a keynote conference speaker and webinar subject matter consultant for the United States Concealed Carry Association (USCCA).
Armed Robbery Charges in Madison
A Robbery Committed with a Dangerous Weapon is a Class C Felony
The law states that anyone who steals property from someone in their presence by either using force or threatening force is guilty of robbery. If the robbery was committed using a deadly or dangerous weapon, it is a Class C felony and you face up to 40 years in prison and/or a $100,000 fine.
What is Armed Robbery?
First let’s define robbery; according to Wisconsin law, robbery is intent to steal property from a person by either of the following means:
- By using force against the person of the owner with intent thereby to overcome his or her physical power of resistance to the taking or carrying away of the property.
- By threatening the imminent use of force against the person or the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of property.
In other words, robbery is stealing property by force, or under the threat of harm. Therefore, armed robbery is using a weapon to strong arm the victim into giving up his valuables. The weapon does not have to be loaded with ammunition, nor does it actually have to be seen by the victim. As long as the victim feels threatened and believes the perpetrator may have a gun, knife, or other weapon it is classified as armed robbery.
A gun isn’t the only dangerous weapon
Wisconsin Statutes define a dangerous weapon as any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or bodily harm.
Some examples of dangerous weapons include the following:
- Firearm or Handgun: Includes automatic and semi-automatic weapons, loaded or unloaded
- Air-soft guns: BB guns, pellet guns, and paintball guns
- Zip-gun: starter pistols, anything not designed to be a gun but could be used as one
- Explosive device: includes bombs, demolition devices, blasting caps
- Incendiary device: firebombs, anything used to cause destruction by means of fire or ignition
- Pepper spray
- Stun gun or TASER
- Knives, or other sharp object
- And more
Any object that can be used to cause physical harm, or incite fear of harm could be considered a dangerous weapon. From a baseball bat to a gun (even just the threat of having a gun), all can get you charged with robbery with a dangerous weapon. The penalties for armed robbery increase if you were caught using a modified weapon.
Examples of modified weapons:
- Pistol with added butt stock
- Use of a bump stock
- Turning any firearm into a machine gun
- Adding a silencer
- Shotguns or rifles shorter than 26 inches
- Shotgun barrels 18 inches or less
- Rifles with barrels 16 inches or less
- Changing any firearm over .50 caliber to a fixed cartridge
Penalties for Gun Modification in Wisconsin
According to Wisconsin Statute 941.26(2)(b), anyone caught using a weapon modified to fire bullets repeatedly (essentially turning your gun into an automatic machine gun) will be guilty of a Class F Felony.
Class F Felony Sentences:
- Up to 12 years in prison
- And/or a $25,000 fine
- Forfeiture of gun rights
What if the weapon was fake?
Toy guns painted to look like real guns, plastic bats, replica swords, or dummy bombs are all classified as deadly weapons (even though they might not seriously hurt someone). If the weapon looks real, then you’re going to jail. As stated above, a weapon is used to intimidate someone during a robbery, and if the victim reasonably believed the weapon was real then the armed robbery conviction will stand.
Penalties for Armed Robbery
Robbery alone is classified as a Class E felony, which comes with a possible sentence of 15 years in prison and/or a $50,000 fine. Armed robbery is a violent crime, so the classification is increased to Class C.
Penalties for Class E Felony:
- Up to 40 years in prison
- And/or a $100,000 fine
- Forfeiture of gun rights
Defenses to Armed Robbery in Dane County
A conviction for an armed robbery classifies you as a felon and a dangerous person. A great defense attorney will look at all the issues that come with an armed robbery charge and come up with the most strategic and aggressive defense possible. Grieve Law defense lawyers have successfully dealt with getting these charges reduced or dropped.
You are only guilty if you are convicted™
Contact a Madison criminal defense attorney at Grieve Law to help you through the confusing legal process surrounding armed robbery. We’ll create the most successful defense possible. From Middleton to Madison and everywhere in Dane County, Grieve Law attorneys will put together the strongest case possible for your armed robbery charge.