1st Degree Robbery Attorney St. Louis

1st Degree Robbery Attorneys in St. Louis, Missouri

Combs Waterkotte understands the gravity of a 1st degree robbery charge in St. Louis. These cases are charged as felonies and can come with long prison sentences, high fines, and the forfeiture of certain civil rights if convicted. The defendant’s rights, future, and freedom are on the line, and without a good St. Louis robbery defense lawyer, their situation will be even more dire.

When you use Combs Waterkotte to handle your 1st degree robbery charges, we start with a conversation to ascertain the details of your case. We want to hear your side of the story. After we’ve heard it, we can start building a defense tailored to your situation.

We’ll challenge the prosecution’s evidence against you to undermine their case, investigate police interrogation and search and procedures, and scrutinize video, photographic, or forensic evidence to strengthen your defense. We’ll do everything in our power to reduce your charges or get them dismissed, and if your case goes to trial, we’ll be ready to fight for an acquittal.

What Is 1st Degree Robbery in St. Louis?

According to RSMo §570.023, 1st degree robbery is defined as forcibly stealing property and, while doing so, the person stealing the property (or someone with that person) does any of the following:

• Causes a serious physical injury to someone else
• Is armed with a deadly weapon
• Uses or threatens the use of a dangerous instrument against someone else
• Displays or threatens to use what appears to be a deadly weapon or dangerous instrument
• Steals any controlled substance from a pharmacy

The important distinction with 1st degree robbery is that you don’t necessarily even have to be armed with a deadly weapon; if you show or even threaten to use what looks like a deadly weapon, that qualifies for a 1st degree robbery charge.

The other aspect to understand is the term “forcibly stealing.” RSMo §570.010 defines forcible stealing as threatening the immediate use of physical force upon another person with the purpose of:

• Preventing that person from resisting your attempt to take their property
• Compelling the property owner to deliver their property to you

1st degree robbery hinges on the threat of physical force to steal property combined with the use (or the threat of using) a deadly weapon. This charge is about as serious as theft charges get in St. Louis.

What Are the Penalties for 1st Degree Robbery in St. Louis?

In St. Louis, 1st degree robbery is typically charged as a Class B felony, an offense that carries a possible prison sentence between 5 and 15 years. 1st degree robbery can be charged as a Class A felony in some instances, especially when:

• Causing serious physical injury
• Armed with a deadly weapon

A Class A felony is the most serious felony charge on the books under Missouri law and carries a penalty of 10 to 30 years or life in prison.

The terms “deadly weapon” and “dangerous instrument” are important for determining a 1st degree robbery charge and its felony classification. RSMo §556.061 defines them as follows:

• Deadly weapon: A switchblade, dagger, club, metal knuckles, or a firearm (or any weapon that can be shot to produce death or serious injury)
• Dangerous instrument: An instrument or substance that is capable of causing death or serious physical injury

Because 1st degree robbery typically involves the use of some kind of weapon, a 1st degree robbery offense is usually charged alongside armed criminal action. Under RSMo §571.015, armed criminal action is defined as “committing a felony while using a dangerous instrument or deadly weapon.” The sentences for armed criminal action are as follows:

• First offense: 3 to 15 years in prison
• Second offense: 5 to 30 years in prison
• Third offense: a minimum of 10 years in prison

Armed criminal action and 1st degree robbery convictions must be served consecutively in St. Louis. This means if somebody gets a 10-year sentence for 1st degree robbery and a 10-year sentence for armed criminal action, they’ll serve a total of 20 years in prison.

Criminal Defense Strategies Against 1st Degree Robbery in St. Louis

Despite the serious nature of a 1st degree robbery charge, a good criminal defense attorney will be able to develop a good legal strategy to increase the chance of reducing or dismissing the charges. Some of the most common criminal defense strategies used against 1st degree robbery in St. Louis are:

• Lack of Intent: In St. Louis, 1st degree robbery requires prosecutors to prove the defendant knowingly and forcibly stole property. If the defendant did not intend to steal or did not intend to use for or threats, the prosecution may fail to prove this essential element of the offense.
• Alibi: An alibi demonstrates that the accused individual was elsewhere when the offense occurred. Security camera footage, phone records, GPS data, witness testimony, or time-stamped receipts can all help to prove an alibi.
• Fourth Amendment violations: The Fourth Amendment protects individuals from unlawful searches and seizures. If police obtained evidence through an illegal search, a defense attorney can file a motion to suppress that evidence.
• Fifth Amendment or Miranda Rights violations: Statements made during police interrogations may be excluded if officers failed to properly inform the accused of their Miranda rights. If law enforcement obtained a confession through coercion or questioning without proper warnings, these are Fifth Amendment violations, and a defense attorney may seek to suppress those statements.
• Duress: A defendant may argue that they were forced to participate in a robbery under an immediate threat of serious harm. In this case, the defendant lacked meaningful choice in the situation and a lawyer can attempt to get the charges reduced or dismissed.
• Mistaken Identity or Unreliable Witness Identification: Robbery cases often rely on eyewitness identification, and defense attorneys know how unreliable these can be. A lawyer may challenge the identification, arguing poor lighting or visibility at the scene, stress that affected the witness’s perception, suggestive police lineups, or conflicting witness descriptions.
• Claim of Right: This defense argues that the accused believed they had a legal right to the property involved in the robbery. Because robbery charges require intent to steal, this defense may apply if the defendant genuinely believed the property belonged to them.

What to Do If You’re Charged with 1st Degree Robbery in St. Louis

1st degree robbery charges in St. Louis are serious. That’s why if you’re charged with 1st degree robbery, you need to do everything in your power to help your defense. Combs Waterkotte recommends taking the following steps if you’re arrested for 1st degree robbery:

• Exercise your right to remain silent. Anything you say to police officers or investigators can and will be used against you in court. Politely inform law enforcement that you wish to speak to an attorney before answering any questions.
• Contact a criminal defense attorney immediately. Robbery charges in St. Louis carry life-altering penalties. Hiring an experienced St. Louis robbery lawyer as soon as possible allows your lawyer to review evidence against you, protect your constitutional rights, and begin building a defense strategy.
• Do not discuss the case with anyone. Avoid talking about your case with friends, family members, coworkers, or anyone else besides your attorney. Additionally, do not post about the situation on social media; prosecutors often use online statements as evidence in criminal cases.
• Preserve any evidence that may help your defense. Evidence can disappear quickly after an incident. Preserving text messages, emails, phone location data, time-stamped receipts, photos, or videos can help to establish an alibi or challenge other prosecutorial claims.
• Follow all bond conditions. If you are released on bond, it’s crucial to follow every condition set by the court. Attend court hearings, avoid contact with individuals involved in the case, comply with travel restrictions, and check in with pretrial services. Failure to do so can lead to bond revocation and additional charges.
• Avoid contact with the alleged victim. Contacting the alleged victim can significantly harm your case. Even if you believe you can resolve the situation, reaching out may be construed as harassment or intimidation. Let your attorney handle all communications related to your case.
• Start preparing your defense early. The sooner you start preparing your defense, the better. A defense attorney can investigate the facts of your 1st degree robbery accusation, challenge eyewitness identification, examine police procedures for constitutional violations, and negotiate with prosecutors. Starting early gives your legal team the best chance to get you a favorable outcome.