Under Ohio law, the offense of aggravated robbery is punishable as a felony of the first degree, which carries a prison sentence from three to 10 years and/or fines up to $20,000. Under most circumstances, the statute of limitations for aggravated robbery is twenty (20) years.
If you have been charged with this serious criminal offense, then contact a criminal defense attorney as early in the investigation as possible. Never make a statement to law enforcement about an allegation until after you have retained an attorney to represent you.
Attorney for Aggravated Robbery in Columbus, OH
If you were charged with the serious criminal offense of "robbery" or "attempted robbery" then contact an experienced criminal defense attorney at Joslyn Law Firm. During the initial consultation, we can explain the criminal charge pending against you, ways to avoid the typical penalties in these types of cases, and the best defenses that can be used to fight for an outright dismissal of the charged.
Brian Joslyn and the other attorneys at the Joslyn Law Firm represent both adults and juveniles charged with this crime in Columbus, Ohio. Call (614) 444-1900 today to speak to an experienced criminal defense attorney about this crime of violence.
Elements of Aggravated Robbery in Ohio
At trial on a criminal charge of aggravated robbery in Columbus, OH, the prosecutor must prove beyond all reasonable doubt the elements of the underlying charge of robbery. Those elements include proof that:
- the defendant knowingly obtained, attempted to obtain, fled immediately after obtaining, or fled immediately after attempting to obtain;
- the property owned or services controlled by the alleged victim;
- without the victim's consent: and
- for the purpose of depriving the victim of that property or by committing a theft offense under 2913.01(K).
The crime is elevated to the more serious offense of aggravated robbery if:
- the defendant had a deadly weapon or dangerous ordnance on or about his person or under his control; or
- the defendant either inflicted or attempted to inflict serious physical harm upon the victim's person.
Theft is the most likely "theft offense" in a robbery case, however, any form of theft listed under R.C. 2913.01(K) is sufficient to properly allege the crime. At trial, the jury instructions must also cover the elements of the pertinent theft offense as charged in the indictment, together with the meaning of pertinent words and phrases.
The act of having a deadly weapon or dangerous ordnance on or about his person or under his control or the act of inflicting or attempting to inflict serious physical harm must occur as part of the sequence of acts leading up to, occurring during or immediately subsequent to the theft offense.
Definitions in Ohio's Robbery Statute
The prosecution must also prove that any property was taken or controlled, regardless of the value of the property. Under R.C. 2901.01(A)(10)(a), the term “property” is defined for purposes of Ohio's robbery statute to mean "any property, real or personal, tangible or intangible, and any interest or license in such property."
Alternatively, the prosecution must prove that any services were taken or controlled, regardless of the value of the services. Under R.C. 2913.01(E), the term “services” for purposes of Ohio's robbery statute is defined to include labor, personal services, professional services, public utility services, common carrier services, food, drink, transportation, and entertainment.
The definitions of other terms under Ohio law that are important in a robbery case include:
- "owner" under R.C. 2913.01(D);
- "purpose" under R.C. 2901.22(A); and
- "deprive" under R.C. 2913.01(C).
Under R.C. 2923.11(A), the term “deadly weapon” for purposes of Ohio's aggravated robbery statute is defined to mean "any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon." The term "dangerous ordnance" is defined under R.C. 2923.11(K) and (L).
Determining the Capability of a Deadly Weapon in a Robbery
In order to establish that a deadly weapon was used in a robbery, the device or thing must have two characteristics. First, the device must be capable of inflicting or causing death. Secondly, the device, instrument or thing have been designed or specially adapted for use as a weapon or it was possessed, carried or used in this case as a weapon.
The prosecutor is not necessarily required to prove fear or apprehension on the part of the person against whom the weapon is used or threatened.
2911.01 Aggravated Robbery - Visit LAWriter to find Ohio Laws and Rules under the Ohio Revised Code for Title 29 crimes related to robbery, burglary, trespass, and safecracking. Find definitions under the statutory scheme and the penalties required after a conviction.
Ohio Jury Instructions for Robbery - Ohio's Standard Jury Instructions found at 2 OJI-CR 413.03 under general trial instructions. The standard jury instructions in criminal cases were developed by members of the Ohio Judicial Conference.
Finding a Lawyer or Aggravated Robbery Charges in Columbus, OH
The attorneys at Joslyn Law Firm represent clients charged with robbery, aggravated robbery and attempted robbery under R.C. 2923.02 in Columbus, OH. Many of these offenses involve an attempt to inflict serious physical harm on another even if the act is not completed. In some cases, even the use of an unloaded gun in the course of a robbery might be sufficient for a conviction of aggravated robbery.
Never make a statement to any law enforcement officer about a criminal allegation. Instead, seek out the services of an experienced attorney in Columbus, Ohio, to discuss your case and what you need to do right now to protect yourself.
Call to talk with an attorney at Joslyn Law Firm in Columbus, OH, today about your charges for any crimes involving a firearm or dangerous weapon. Brian Joslyn represents clients facing serious felony charges throughout all of Ohio's major cities including Akron, Canton, Cincinnati, Columbus, Dayton, and Youngstown.
Call (614) 444-1900 to discuss your case. Let us put our experience to work for you.
This article was last updated on Monday, March 13, 2017.