Robbery & Armed Robbery Defense Lawyer in Wisconsin
Charged with Robbery or Armed Robbery under Wis. Stat. § 943.32? These violent-felony charges carry long prison terms and a permanent criminal record – especially where a weapon is alleged. Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Robbery and Armed Robbery in Wisconsin
Under Wis. Stat. § 943.32(1), robbery involves taking property from another person by using force or threatening the imminent use of force to overcome resistance or compel submission. The offense is elevated to armed robbery when the taking involves the use or threat of use of a dangerous weapon, or an object that reasonably appears to be a weapon.
Robbery cases frequently hinge on how prosecutors characterize the interaction between the parties – particularly whether force or threat was actually used, whether the taking was intentional, and whether a weapon was involved or merely implied.
What the State Must Prove for Robbery and Armed Robbery in Wisconsin
To convict someone of Robbery or Armed Robbery under Wis. Stat. § 943.32, the State must prove each required element beyond a reasonable doubt. The specific elements depend on whether the charge is robbery or armed robbery.
Robbery
To prove robbery, the prosecution must establish beyond a reasonable doubt the following elements:
- Owner/possession: The alleged victim was the owner (in possession) of property.
- Taking and carrying away: The defendant took and carried away property from the person or presence of the owner (asportation may be slight).
- Intent to steal: Intended to take without consent and permanently deprive the owner of possession.
- Acted forcibly: Either used force to overcome resistance or threatened the imminent use of force to compel submission.
These elements are taken from Wis JI-Criminal 1479.
Armed Robbery
To prove armed robbery, the State must prove all elements of robbery, plus:
- Dangerous weapon element: At the time of the taking or carrying away, the defendant used or threatened to use a dangerous weapon (or device/OC container).
- If no weapon was displayed, it is sufficient that the victim reasonably believed the defendant had a dangerous weapon based on the circumstances.
All elements can be found in Wis JI-Criminal 1480.
Penalties and Sentencing for Robbery and Armed Robbery in Wisconsin
Robbery and Armed Robbery are classified as serious violent felonies under Wisconsin law, with penalties that vary significantly depending on whether a weapon is alleged.
|
Charge |
Statute |
Classification |
Maximum Penalty |
|---|---|---|---|
|
Robbery (use or threat of force) |
§ 943.32(1) |
Class E Felony |
15 years prison + $50,000 fine |
|
Armed Robbery (weapon used or threatened / realistic article) |
§ 943.32(2) |
Class C Felony |
40 years prison + $100,000 fine |
In sentencing, courts consider factors such as whether a weapon was displayed or implied, the degree of force used, any injury to the victim, the value of the property taken, the defendant’s criminal history, and the impact on the victim. Armed robbery cases are treated as among the most serious non-homicide offenses in Wisconsin.
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Common Scenarios in Wisconsin Robbery and Armed Robbery Cases
Robbery and Armed Robbery charges are often filed when prosecutors allege that a theft involved force, threats, or the presence of a weapon. Many of these cases turn on disputed facts about what was said or done during a brief and chaotic encounter.
Common scenarios include:
- Confrontation thefts where threats escalate a simple taking
- Shop incidents where minimal force during exit is alleged as “robbery”
- Implied-weapon cases (hand in pocket, verbal “I’ve got a gun”)
- Street/vehicle encounters with disputed identification
- Domestic or acquaintance disputes involving phones, cash, or keys
Whether a case qualifies as robbery, armed robbery, or a lesser offense often depends on how force, intent, and weapon perception are interpreted.
Defenses and Legal Strategies for Robbery and Armed Robbery
Defending robbery and armed robbery charges focuses on whether the State can actually prove intent, force, and – when alleged – the weapon element. These cases often hinge on brief encounters, conflicting accounts, and how prosecutors characterize the interaction.
Common defense strategies include:
Early investigation, review of surveillance footage, witness statements, and police reports is often critical to challenging these charges effectively.
Why Hiring a Robbery Defense Lawyer Matters
Robbery and Armed Robbery charges are aggressively prosecuted and often turn on close factual disputes about intent, force, and whether a weapon was actually used or reasonably perceived. Small differences in how an encounter is described can mean the difference between a theft allegation and a decades-long felony exposure.
Robbery Case Results
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Contact Chirafisi Anderson, S.C.
Robbery and Armed Robbery charges carry severe consequences and are often built on disputed interpretations of force, intent, and weapon use. Early legal intervention can be critical to protecting your rights and your future.
Chirafisi Anderson, S.C. represents individuals charged with Robbery, Armed Robbery, and related violent felony offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.