Robbery and Armed Robbery

Robbery is a serious crime in Maryland, characterized by the taking of property from another through force, intimidation, or threat. The state takes such offenses seriously due to their violent nature and potential impact on victims and communities.    At Helfand, Helfand, Martella & Smith, David Martella and Raquel Smith have extensive experience representing clients charged with robbery and armed robbery.   Therefore, we understand that, although the charges and penalties are serious, there are many legal and factual issues in robbery cases that provide potential opportunities for defenses, negotiations, and favorable outcomes.

Legal Elements of Robbery

In Maryland, the crime of robbery is defined under Criminal Law Article § 3-401. For a charge of robbery to be established, the prosecution must prove several key elements:

1. Taking of Property: The defendant must have taken or attempted to take property belonging to another person. This can include any tangible item of value.
2. Use of Force or Intimidation: The act must involve the use of physical force, threats of harm, or intimidation to obtain the property. This distinguishes robbery from theft, which does not involve such confrontational elements.
3. Intent to Permanently Deprive: The defendant must have the intent to permanently deprive the owner of the property taken. This means that the perpetrator does not plan to return the item.
4. Presence of the Victim: The crime typically occurs in the immediate presence of the victim, which contributes to the severity of the offense.

A simple example of robbery would be an event in which a perpetrator approaches a person walking down a sidewalk.  The perpetrator then says: “Excuse me, you need to give me your wallet” while raising a fist in the air as though he is about the punch the pedestrian.  The perpetrator is committing a theft (of the wallet) while issuing a threat of force or intimidation.    Similarly, of the perpetrator punched the pedestrian and then took the wallet out of the victim’s pocket, robbery would be the appropriate charge.   However, if the perpetrator snuck up on the pedestrian and removed the wallet from the pedestrian’s pocket, no force and no threat of force was used. 

Penalties:  The basic form of robbery, involving theft with force or intimidation is classified as a felony and carries a penalty of up to 15 years in prison.

Robbery with a Dangerous Weapon: If a weapon is used or displayed during the robbery, it is considered a more serious offense.  If a dangerous weapon is involved, the crime is still classified as a felony, but the penalties are more severe, with potential imprisonment of up to 20 years.    A person in Maryland can be charged with armed robbery if he or she presents threatening note claiming to have a weapon.  For example, imagine a person walks into a bank and passes the teller a note that says, “Give me all the cash in your drawer; don’t do anything stupid; I have a gun.”   That person can be charged with armed robbery even if he or she does not, in fact, have a gun.  

If a firearm is used in any robbery, a separate offense will typically be charged, along with the armed robbery charge, called “use of a firearm in a crime of violence or felony.”  If the defendant is convicted of that separate charge, the judge is required to impose a mandatory minimum penalty of five years of incarceration without the possibility of parole.

For a defendant with no prior record, the 2024 Maryland sentencing guidelines recommend that a judge impose a sentence of somewhere in the range of probation to two years if now weapons is used and there is no injury to the victim.   If the victim suffers a non-permanent injury, or if a non-firearm weapon is used that range goes up to probation to three years.  If there is both injury and a non-firearm weapon, the range is three months to four years for a defendant with no prior record.  The recommended range will be more severe if the defendant has a prior criminal record. 

The guidelines range for armed robbery, for someone with no prior record, using a non-firearm weapon, recommends a sentence with the range of one year to six years.   If the weapon is a firearm, the range jumps to recommend a sentence between three and eight years.   

A separate robbery offense can be charged for each victim involved in the criminal event.  For example, if two perpetrators approach three people getting out of a car, and then point handguns at them while demanding that they turn over their wallets, the offenders can be charged with three separate armed robbery offenses within one case. However, they typically can be charged with only one count of conspiracy to commit armed robbery because there was only one agreement to commit the crime against multiple people

Accomplice liability: If someone assists a perpetrator in a robbery, he or she can be prosecuted for robbery even if he or she did not have any contact with the victim.  For example, a person sitting behind the wheel  in a get-away car down the block can be convicted of robbery to the same degree as his two friends who go into the convenience store to rob the clerk of the all the money in the register.  Similarly, someone sitting in the passenger seat of that car might also be convicted of robbery for arguably acting as a look out, or as “backup” to offer assistance if something went wrong.  Robbery and armed robbery are appropriately considered to be serious offenses.  Prosecutors in Maryland are quite vigorous in seeking prison time for those accuse of robbery or armed robbery.   

If you or a loved one has been charged with robbery, please call David Martella and Raquel Smith today for consultation at 301-251-9001.