Indiana Robbery Defense Attorney
Sometimes life puts good people in difficult situations. Desperate circumstances can push rational individuals to do things they never thought they would. This may be the situation you find yourself in if you’re facing robbery charges. But don’t lose hope – these charges do not have to define your future. With good legal support, you can find a way forward. At the Law Offices of Jason Jackson & Assoc, we are here to help you fight these charges and regain your freedom. We defend individuals across Indiana, fighting to give them an opportunity to restore their lives.
Call 317-678-0247 or send an email to request a free initial consultation.
What Constitutes Robbery In Indiana?
Indiana law defines robbery under Indiana Code § 35-42-5-1. Generally, this involves taking property from another person or from their immediate control or possession while using or threatening to use force. It is classified as a felony offense and penalties for conviction can be severe, including significant prison time and hefty fines. The seriousness of the charge can increase depending on the circumstances, such as if a weapon was involved or if someone was injured during the event.
Key Elements Of Indiana Robbery
For a robbery charge to be proven, prosecutors must demonstrate to the court that several distinct elements were present during the alleged incident. These foundational elements include:
- Intent and action: The person facing the charges must have knowingly or intentionally taken property from another person.
- Force or fear: The taking must involve the use of force, threat of force or placing the alleged victim in fear.
- Immediate presence: The property must be taken from their person or from their direct control/possession.
Facing a robbery charge can be frightening; seek legal counsel as soon as possible if you have been arrested for allegations of robbery.
What Is The Difference Between Robbery And Burglary In Indiana?
Curious about what differentiates robbery from burglary? You aren’t the only one. Robbery and burglary are often confused, but they involve different actions. Robbery occurs when someone takes property directly from another person or their presence by using force or intimidation. Burglary typically involves unlawfully entering a building or structure with the intent to commit a felony or theft inside.
The court looks to these factors as primary differences in the two charges:
- Presence of victim: Robbery requires the victim to be present, as it involves confrontation. Burglary often occurs when a structure is empty, though it can occur while occupied.
- Force vs. entry: Robbery involves the use of force or intimidation. Burglary focuses on the illegal entry, otherwise called “breaking and entering.” Walking through an already wide-open door is not Burglary in Indiana; it is Residential Entry or Trespass.
- Legal penalties: Robbery is a violent crime and usually carries harsh penalties in Indiana, particularly if armed or if it results in bodily injury. Many burglaries involve dwellings of all types and can be penalized more harshly than basic robberies.
These legal distinctions and the serious penalties involved can be confusing. That’s why having an experienced attorney is so important to protect your rights and build a strong defense.
Robbery Levels And Penalties In Indiana
Indiana’s criminal code categorizes robbery into different felony levels, with the severity of the charge and its associated penalties increasing based on specific circumstances of the offense. While legislative updates, statutes and case law are subject to constant updates, here are the current potential consequences:
- Level 5 Felony Robbery: This is the charge when no aggravating factors are present. It applies when a person knowingly or intentionally takes property from another person or their immediate presence/control by using or threatening the use of force or by placing the person in fear.
- Potential penalties:
- Imprisonment: 1 to 6 years (advisory sentence is 3 years).
- Fines: Up to $10,000.
- Potential penalties:
- Level 4 Felony Robbery: This charge applies when a person knowingly or intentionally takes a controlled substance or other property from a pharmacy by using or threatening the use of force or by placing a person in fear, and it is without additional aggravating factors such as a deadly weapon, bodily injury or serious bodily injury.
- Potential penalties:
- Imprisonment: 2 to 12 years (advisory sentence is 6 years).
- Fines: Up to $10,000.
- Potential penalties:
- Level 3 Felony Robbery: The robbery charge can be elevated to a Level 3 Felony under specific aggravating circumstances, such as:
- When the person committing the robbery is armed with a deadly weapon.
- When the robbery results in bodily injury to any person other than the person committing the robbery.
- Potential penalties:
- Imprisonment: 3 to 16 years (advisory sentence is 9 years).
- Fines: Up to $10,000.
- Level 2 Felony Robbery: This is a severe robbery charge in Indiana, occurring when the robbery involves even more serious aggravating factors, such as:
- When the robbery results in serious bodily injury to any person other than the person committing the robbery.
- Potential penalties:
- Imprisonment: 10-30 years (advisory sentence is 17.5 years).
- Fines: Up to $10,000.
- Level 1 Felony Robbery: This is a pharmacy-specific level that involves taking a controlled substance from a pharmacy that results in serious bodily injury.
- Potential penalties:
- Imprisonment: 20 to 40 years (advisory sentence is 30 years).
- Fines: Up to $10,000.Potential penalties:
- Potential penalties:
Note: Robberies involving controlled substances from a pharmacy are subject to enhanced penalties and higher felony classifications for the same aggravating factors. A judge has discretion to impose sentences above or below the advisory term based on mitigating and aggravating circumstances specific to each case. Also, these penalties do not include potential probationary periods, restitution, or other court-ordered conditions.
Do not make the mistake of trying to figure out your own exposure. Indiana’s criminal justice system is nuanced and best understood with the help of an experienced criminal defense attorney.
Why Choose The Law Offices of Jason Jackson & Assoc?
If you are facing criminal charges for the first time, you need a local guide who knows the local court system and can guide you through the legal process. You can trust Jason Jackson, our lead attorney, to handle everything. No matter the charges you’re facing, attorney Jackson will use his experience to find the best solution for you.
Mr. Jackson is laid back and soft-spoken. He is patient and practical, striving to make people from all walks of life feel comfortable. He tailors his approach to each client’s unique needs. When you meet with him, his goal is to put you at ease and help manage your worries. Many clients who come from other firms complain that their lawyer never returned calls or answered questions. That isn’t the case at our firm – Mr. Jackson gives personal attention and is always accessible.
Contact Us To Arrange A Free Consultation Today
Facing robbery charges? Take the first step toward resolving your case now. Call 317-678-0247 or send an email to request a free initial consultation with our attorneys. We are here to help you find a path toward freedom.