“Aggravated Robbery” – Colorado Law – CRS § 18-4-302

Under Colorado Revised Statutes § 18-4-302, aggravated robbery is robbery involving a deadly weapon. This includes not only guns and knives but also any object that can be used to seriously injure someone.

Aggravated robbery is an extraordinary risk class 3 felony in Colorado, carrying  five years of mandatory parole and fines ranging from $3,000 to $750,000. The prison sentence ranges from 10 to 32 years if, during the robbery or while fleeing from it, you knowingly:

• wounded or struck a person with a deadly weapon or
• used force, threats, or intimidation to place a person in reasonable fear of death or bodily injury.

Otherwise, the prison sentence would be four to 16 years.

• 1. Elements of CRS 18-4-302
• 2. Deadly Weapons
• 3. Record Seals
• 4. Defenses
• 5. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of CRS 18-4-302

Aggravated robbery is typically considered “armed robbery.” For you to be convicted of aggravated robbery under CRS 18-4-302, prosecutors must prove beyond a reasonable doubt that you used force, threats, or intimidation to steal something from someone (or in their presence) and either:

• You had a deadly weapon and the intent, if resisted, to kill, maim, or wound the person robbed; or
• You knowingly wounded or struck another person with a deadly weapon; or
• You used the deadly weapon to put another person in reasonable fear of death or bodily harm; or
• You represented that you were armed with a deadly weapon.¹

Even if you were unarmed, you may still be convicted of aggravated robbery if your accomplice was armed.

In short, aggravated robbery requires the use or threat of a deadly weapon, while simple robbery cases do not.²

Example: Frank runs and snatches a purse from Fiona while she is shopping in downtown Denver. Frank can be convicted of robbery because he used force to take an item from another person. He did not use a weapon, so he would not be charged with aggravated robbery.

Example: Claire pulls a shotgun on Jonathan, who has just pulled out money from an ATM. She points the gun at him and threatens to shoot him if he does not give her the money. Claire can be charged with aggravated robbery because she used a deadly weapon to commit a robbery – which is an aggravating factor.

CRS § 18-4-302 is the Colorado code section that prohibits aggravated robbery.

2. Deadly Weapons

Under Colorado aggravated robbery laws, “deadly weapons” comprise:

• firearms, whether loaded or unloaded,
• knives,
• bludgeons, or
• any other weapon or material, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.³

Therefore, nearly anything could qualify as a deadly weapon in a CRS 18-4-302 case depending on how it is used. Common examples include:

• hammers,
• grenades,
• metal pipes,
• screwdrivers,
• acid,
• baseball bats, or
• cars or other motor vehicles.

What if I lied about having a deadly weapon?

Even if you did not have a deadly weapon during the robbery, you can still be convicted of aggravated robbery in Colorado if either:

• You stated you possessed a deadly weapon, or
• You used an object that looks like a deadly weapon.⁴

Example: Dean approaches Sam while Sam is getting into his car after work. Dean has his finger in his pocket, pointing out in the shape of a gun to make it look like he is armed. Dean threatens to shoot Sam with his “gun” if Sam refuses to hand over his briefcase. Even though Dean never actually had a gun, he will still be charged with aggravated robbery.

Deadly weapons separate simple robbery from aggravated robbery.

3. Record Seals

Colorado aggravated robbery convictions can never be sealed from your criminal record. Though if your charge gets reduced to simple robbery, you can petition for a record seal three years after the case closes.

Note that if your case gets dismissed, there is no wait time to request a record seal.⁵

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with aggravated robbery. In our experience, the following four defenses can get the charge reduced to simple robbery, larceny, or dismissed altogether.

1. You did not use or possess a deadly weapon during the incident; or
2. You never claimed to have a deadly weapon during the incident; or
3. You stole, but you used no threats, force, or intimidation; or
4. You never committed a robbery, and you are being falsely accused.

Aggravated robbery is a serious felony in Colorado.

5. Related Offenses

• Simple robbery (CRS 18-4-301)
• Burglary (CRS 18-4-201)
• Possession of burglary tools (CRS 18-4-205)
• Petty theft offense (CRS 18-4-401)
• Misdemeanor theft (CRS 18-4-401)
• Felony theft (CRS 18-4-401)

Frequently Asked Questions

What’s the difference between regular robbery and aggravated robbery in Colorado?

Regular robbery involves using force or threats to steal from someone. Aggravated robbery is more serious because it involves using a deadly weapon (like a gun, knife, or any object that can cause serious injury) or threatening that you have one. Even if you lie about having a weapon or use a fake weapon, you can still be charged with aggravated robbery.

What penalties will I face if convicted of aggravated robbery?

Aggravated robbery is a class 3 felony with harsh penalties. You will face four to 16 years in prison, but if you wounded someone or used threats that made them fear death or injury, the sentence increases to 10 to 32 years. You will also get five years of mandatory parole and fines from $3,000 to $750,000.

Can I get an aggravated robbery conviction removed from my record?

No, aggravated robbery convictions can never be sealed from your criminal record in Colorado. However, if your lawyer can get the charge reduced to simple robbery, you can petition to seal your record three years after the case ends. If your case gets dismissed entirely, there is no waiting period to request a seal.

What defenses can help fight an aggravated robbery charge?

Common defenses include proving you did not have or use a deadly weapon, never claimed to have a weapon, did not use force or threats during the theft, or that you are being falsely accused. An experienced defense attorney can also challenge police misconduct or evidence problems that might get your charges reduced or dismissed.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Robbery, Recidivism, and the Limits of the Criminal Justice System – Marquette Law Review.
• Gender and Robbery: A National Test – Deviant Behavior.
• Threats, Blackmail, Extortion and Robbery and Other Bad Things – Tulsa Law Journal.
• Store Robbery Policies — Their Coverage and Construction – Insurance Law Journal.
• Economic Analysis of Threats and Their Illegality: Blackmail, Extortion, and Robbery – University of Pennsylvania Law Review.

Legal References: