If you or someone you love has been arrested on a robbery or aggravated robbery charge in the Denver metro area, the single most important thing to understand is this: these are among the most serious felony charges on Colorado’s books, and the difference between “robbery” and “aggravated robbery” can mean a decade or more of additional prison exposure. Below is a plain-language breakdown of how Colorado defines these charges, what the state has to prove, and what penalties are actually on the table.
What is robbery under Colorado law?
Under CRS § 18-4-301, robbery is knowingly taking anything of value from the person or presence of another by the use of force, threats, or intimidation. Colorado’s jury instructions confirm these as the required elements (COLJI-Crim 4-3:01). Unlike theft, robbery requires that the taking involve some element of force or fear directed at a person, and Colorado appellate courts have emphasized that the force must actually result in a successful taking — “[r]obbery victims are people, not businesses,” and a failed attempt to take property by force is at most attempted robbery, not completed robbery (People v. Mortenson, 2023 COA 92, ¶¶ 12–14, 22–23, 541 P.3d 639). Robbery alone, without a weapon or serious injury, is a class 4 felony, carrying a presumptive range of roughly 2 to 6 years in the Department of Corrections plus mandatory parole.
What makes a robbery charge “aggravated” in Colorado?
CRS § 18-4-302 elevates a robbery to aggravated robbery under several alternative theories, confirmed in Colorado’s jury instructions (COLJI-Crim 4-3:03 through 4-3:06): the defendant was armed with a deadly weapon and intended, if resisted, to kill, maim, or wound; knowingly wounded or struck someone with a deadly weapon during the robbery or immediate flight from it; or used force, threats, or intimidation with a deadly weapon to put someone in reasonable fear of death or bodily injury. Because these are alternative ways of committing a single offense rather than separate crimes, the Colorado Court of Appeals has held that multiple aggravated robbery convictions arising from one victim, one location, and one event must merge into a single conviction (People v. Serna-Lopez, 2023 COA 21, ¶¶ 19–21, 531 P.3d 410). Aggravated robbery is a class 3 felony and a listed crime of violence under CRS § 18-1.3-406.
What are the penalties for robbery and aggravated robbery in Colorado?
A class 4 felony robbery conviction carries a presumptive sentencing range of roughly 2 to 6 years in the Department of Corrections, plus a mandatory parole period and substantial fines. Aggravated robbery, as a class 3 crime of violence under CRS § 18-1.3-406, is sentenced from the midpoint of the presumptive range up to twice the maximum, with no probation or suspended sentence available — in practice this generally means a mandatory prison sentence that can run from roughly 10 years up into the 30s when a weapon was used.
Is aggravated robbery considered a “crime of violence” in Colorado?
In most cases where a deadly weapon is involved, yes — aggravated robbery under CRS § 18-4-302 is listed as a per se crime of violence under CRS § 18-1.3-406, which applies sentence enhancements on top of the base felony class and generally takes probation off the table entirely. This is one of the main reasons an early, aggressive defense matters — by the time a case reaches sentencing, the room to negotiate has usually narrowed considerably.
What defenses apply to a Colorado robbery charge?
Every case turns on its own facts, but the recurring defense themes in robbery cases include misidentification (robbery prosecutions often rest heavily on eyewitness identification, which is notoriously unreliable), lack of a completed taking (Colorado courts have held that robbery requires a successful taking from a person’s presence by force — force used only after the taking already failed, or a taking from a business rather than a person, generally supports at most attempted robbery or theft, not completed robbery; see People v. Liebler, 2022 COA 21, ¶¶ 3, 32, 510 P.3d 548; People v. Mortenson, 2023 COA 92), disputes over weapon involvement (whether an object was actually a “deadly weapon” or merely represented as one), and constitutional issues with how evidence, identifications, or statements were obtained. An experienced defense attorney reviews police reports, body camera and surveillance footage, and witness statements line by line looking for these openings.
What should I do if I’ve been charged with robbery in Denver or anywhere in Colorado?
Say nothing to police beyond identifying yourself, and get a criminal defense attorney involved immediately — charging decisions, bond arguments, and early plea offers often happen fast in violent felony cases. At Mile High Legal, we represent clients facing robbery and aggravated robbery charges across the Denver metro area and statewide in Colorado. No past result guarantees any particular outcome in a new case; every case is evaluated on its own facts.
