2nd Degree Robbery Attorney St. Louis

2nd Degree Robbery Attorneys in St. Louis, Missouri

A 2nd degree robbery charge can feel overwhelming. It’s always charged as a felony in St. Louis, which means a long prison sentence. At Combs Waterkotte, we know what that pressure feels like, because we’ve helped thousands of clients deal with it before.

As scary as a robbery charge can feel, though, we can help. We start each client consultation with a conversation to learn your side of the story. From there, we outline possible defense strategies that may work in your case and answer any pending questions that may be bothering you.

From there, our team of experienced paralegals, seasoned law clerks, and veteran attorneys get to work gathering all of the material, evidence, and documents to help build you the strongest legal defense we can. Our combined six decades of legal experience in the St. Louis area guides us the whole way.

To find out how we can help you fight your 2nd degree robbery charges in St. Louis, give us a call at (314) 900-HELP or contact Combs Waterkotte online. We’re ready to fight to defend your rights and protect your future today.

What Is 2nd Degree Robbery in St. Louis?

2nd degree robbery charges in St. Louis are pretty straightforward. While 1st degree robbery is a bit more complex with language about the use of “deadly weapons” or “dangerous instruments,” RSMo §570.025 says:

• A person commits 2nd degree robbery if they forcibly steal property and, in the course of the theft, physically injury another person

An important note here is the definition of the term “forcibly steal,” because it’s what sets apart robbery from lesser offenses like petty theft. According to RSMo §570.010, forcible stealing is:

• Using threats of physical force in the course of stealing in order to:
  • Prevent someone from stopping you from taking their property
  • Compelling the owner of property to delivery that property to you

To set them apart from lesser theft crimes, Missouri’s robbery statutes always have a component of violence or intimidation to them.

What Are the Penalties for 2nd Degree Robbery in St. Louis?

According to RSMo §570.025, 2nd degree robbery is a Class B felony offense. In St. Louis, a Class B felony carries a potential prison term of 5 to 15 years and a potential fine up to $10,000.

In addition to fines or prison time, though, a felony conviction in St. Louis can come with other consequences — some due to Missouri law, and others that can affect your personal or professional life. These include:

• Loss of Firearm Rights: In most cases, a felony conviction in St. Louis results in the loss of the right to possess or purchase firearms under both state and federal law.
• Voting Restrictions: Individuals convicted of a felony cannot vote while they are incarcerated or serving a felony sentence (though voting rights are typically restored after the sentence is complete).
• Disqualification from Jury Service: A felony conviction generally makes a person ineligible to serve on a jury in St. Louis.
• Barred from Public Office: Missouri law prevents individuals with felony convictions from holding elected public office in St. Louis.
• Employment Limitations: A felony record can make it more difficult to secure employment, particularly in industries with strict background check requirements like banking, education, childcare, and law enforcement.
• Professional Licensing Consequences: Certain professions require state-issued licenses, and a felony conviction can jeopardize or prevent licensing in fields like healthcare, real estate, finance, education, and commercial driving.
• Potential Impact on Child Custody: While a felony conviction does not automatically terminate parental rights, courts may limit custody or visitation in cases involving violent offenses, domestic violence, child abuse, or other serious criminal conduct.

What to Do If You’re Charged with 2nd Degree Robbery in St. Louis

If you have been arrested for or charged with 2nd degree robbery in St. Louis, there are a number of things you can and should do to protect yourself and aid your legal defense. Combs Waterkotte recommends taking the following steps:

• Exercise your right to remain silent. If police question you about a robbery allegation, remember that you have the constitutional right to remain silent. Anything you say can be used as evidence against you later. Politely inform the police that you wish to speak with an attorney before answering questions.
• Hire an experienced St. Louis robbery defense attorney right away. Robbery charges are serious felonies that include the possibility of years in prison. An experienced criminal defense lawyer can review evidence, identify weaknesses in the prosecution’s case, and start building a legal defense strategy to protect your rights and your future.
• Avoid discussing the case with anyone besides your lawyer. Even seemingly casual conversations about the allegations may cause serious problems for your defense. Do not discuss the situation with friends, coworkers, or family members. Avoid posting anything about the incident on social media, as prosecutors may attempt to use those statements as evidence.
• Preserve any evidence related to the incident. You never know which piece of evidence may prove to be the key to your defense. Save text messages, emails, surveillance footage, photos, receipts, location data, or any other records that may help establish your timeline or challenge the prosecution’s version of events.
• Do not contact the alleged victim or witnesses. Attempting to reach out to the alleged victim can be interpreted as intimidation or harassment. Even well-intentioned communication can damage your case. Instead, allow your attorney to handle all contact related to the allegations.
• Follow all bond conditions and court requirements. If you are released on bond, be sure to comply strictly with all court-imposed conditions. This may include appearing at scheduled hearings, avoiding certain individuals or locations, or checking in with pretrial services. Violating bond conditions can lead to additional charges or even revocation of your release.
• Start building your defense as early as possible. Early investigation can be critical in robbery cases. A defense attorney may examine police reports, challenge eyewitness identification, analyze surveillance footage, and determine whether or not investigators followed proper procedures. Acting quickly gives you and your legal team the best opportunity to challenge the allegations.

Criminal Defense Strategies Against 2nd Degree Robbery in St. Louis

A good attorney can build a solid criminal defense against your 2nd degree robbery charges, even in the face of some pretty convincing evidence against you. Here are some of the most common criminal defense strategies a St. Louis lawyer is likely to use in a 2nd degree robbery case:

• Mistaken Identity or Unreliable Eyewitness Identification: 2nd degree robbery prosecutions often rely heavily on eyewitness testimony. However, eyewitness identifications can be unreliable due to factors like high stress during the incident, limited visibility, poor lighting, or even suggestive police procedures. A defense attorney may challenge the accuracy of witness identifications or highlight inconsistencies in witness statements.
• Lack of Intent: 2nd degree robbery requires prosecutors to prove that a defendant intentionally stole property and used (or threatened to use) force to accomplish the theft. If the defendant did not intend to steal property or did not intend to use force to obtain it, the prosecution may struggle to establish this key element of their case.
• Alibi: An alibi demonstrates that an accused person was somewhere else when the alleged robbery occurred. Evidence like surveillance footage, phone location data, GPS records, timestamped receipts, or testimony from witnesses can help establish that the defendant was not present and could not have committed the crime.
• Fourth Amendment violations: The Fourth Amendment offers protection from unlawful searches and seizures. If police obtained evidence through an illegal search or traffic stop, a defense attorney may file a motion to suppress that evidence. Without it, the prosecution’s case may be weakened significantly.
• Fifth Amendment or Miranda Rights violations: Statements made during police interrogations must comply with constitutional protections. If police officers failed to advice the accused of their Miranda rights or obtained statements through coercive questioning, a defense attorney may seek to have those statements excluded from court.
• Claim of Right: This defense may apply if the defendant believed they had a lawful right to the property in question. Because robbery requires intent to steal property that belongs to another person, a genuine belief that the property was rightfully the defendant’s may undermine the prosecution’s case.
• Duress or Coercion: In some instances, a defendant may have taken part in a robbery because they were threatened with immediate harm by someone else. If a person acted under serious threats and had no reasonable opportunity to escape the situation, duress or coercion may serve as a good defense.