Second Degree Robbery Lawyer Kansas City, MO

Missouri’s Second Degree Robbery Statute Explained

RSMo §570.025 defines second degree robbery as forcibly stealing property and causing a physical injury to another person in the process. Prosecutors have to prove both of these elements in order for an individual to be convicted.

The State Must Prove Theft

Before prosecutors can prove robbery, they have to prove stealing. That means taking another person’s property or services with the intent to deprive the owner, without consent or through deceit or coercion. A misunderstanding, a dispute over shared property, or accidental possession may not establish that intent.

The State Must Prove Immediate Force

RSMo §570.010 defines “forcibly steals” as using physical force against another person or threatening its immediate use for either of these reasons:

• To prevent or overcome resistance to taking the property
• To make the owner hand over the property or do something that helps complete the theft

A threat of future harm may also support a stealing charge based on coercion, but it doesn’t necessarily meet robbery’s requirement of immediate force. And a fight over something unrelated doesn’t become a robbery charge just because property changed hands during the encounter.

The State Must Prove an Injury and Its Cause

Missouri’s criminal-code definitions describe a “physical injury” as a slight impairment of a bodily function or a temporary loss of use of any body part. This is a lower threshold than the “serious physical injury” that can support first degree robbery. However, prosecutors still have to show an injury occurred in order to charge second degree robbery.

Prosecutors may use photos, medical records, videos, witness accounts, and the alleged victim’s testimony to prove an injury. We look at whether the act meets the legal definition of robbery and whether the robbery actually caused the injury. A preexisting condition, a later incident, conflicting accounts, or a lack of impairment may undermine the prosecution’s charge.

Defense Strategies for Second Degree Robbery Charges in Kansas City

To combat robbery allegations, we review the evidence for weaknesses in the charge and the police investigation. Records, witnesses, expert opinions, and constitutional challenges may all help your defense. The following are some of the criminal defense strategies we may use.

Mistaken Identity or Alibi

A witness who saw someone briefly, under stress, or in poor lighting may make an honest mistake. Masks and suggestive police procedures can also make an identification unreliable. We compare descriptions, review surveillance, check phone and location records, and investigate other possible suspects. Receipts, work logs, videos, or witnesses may support an alibi defense.

Lack of Intent to Steal

You may have believed the property was yours, received it from someone else, intended only to borrow it, or never had control of it at all. A lack-of-intent defense challenges the “intent to deprive property” part of the charge before questions about force or an injury ever even come up.

No Connection Between Force and Theft

A fight and a property dispute can happen at the same time without amounting to robbery. We reconstruct your encounter to determine when the property was taken or kept, why force was used, and whether that force served any of the purposes required by the statute.

Challenge the Injury and Its Cause

Medical records or photos can help shed light on the real extent of an injury. Video evidence may show that the injury wasn’t even caused by you. We compare the initial report with later statements and consult medical professionals when necessary. If prosecutors can’t prove the required injury and its connection to the alleged robbery, the second degree charge may not stand (even if a property dispute remains).

Suppress Unlawfully Obtained Evidence

Police must respect the Fourth Amendment when stopping a suspect, entering a home, taking a phone, or searching a car. We review warrants, Miranda warnings, police questioning, and identification procedures for potential violations. A successful motion to suppress may keep statements, clothing, phone data, or other evidence out of the prosecution’s case.

Possible Penalties for Second Degree Robbery in Missouri

Second degree robbery is always a Class B felony in Kansas City, Missouri. Under RSMo §558.011, the prison range for a conviction is 5 to 15 years. The court may also order restitution to cover property loss, medical bills, or other legally recoverable losses, along with court costs.

Other elements of the offense may result in lack of parole eligibility or longer prison sentences.

Second Degree Robbery Is Not Automatically Subject to the 85% Rule

Missouri lists first degree robbery as a dangerous felony, but not second degree robbery. That means a second degree robbery conviction doesn’t automatically require you to serve 85% of your sentence before becoming eligible for parole. Your parole eligibility will depend on the offense date, consecutive sentences, prison rules, and any other convictions.

Probation may be available in a second degree robbery case, but eligibility doesn’t mean a judge will grant it. The alleged injuries, your criminal history, the effect on the victim, any plea terms, and local sentencing practices can all affect the decision.

Prior Convictions Can Mean a Longer Sentence

RSMo §558.016 allows a longer sentence when the court finds that someone is a persistent or dangerous offender. Under the statute, a persistent offender includes:

• A person with two or more prior felonies committed at different times
• One prior dangerous felony conviction

Prior convictions can potentially raise the sentencing range for a Class B felony from 5 to 15 years to 10 to 30 years in prison. Prosecutors must allege and prove the facts required in order to increase your sentencing range.