Charge of Robbery

Accusation of Robbery – What Punishment Awaits?

Have you received a police summons or a charge for robbery under § 249 StGB or an aggravated form of robbery under §§ 249 ff. StGB (e.g., for aggravated robbery under § 250 StGB or robbery resulting in death under § 251 StGB) and want to know what you should do next?

First, you should remain calm. As the accused, you are not obligated to make any statements to the police and may remain silent. Since robbery offenses carry severe penalties, you should contact a competent lawyer specializing in defending against robbery charges as soon as possible.

When Have You Committed Robbery?

Robbery under § 249 StGB is one of the most serious offenses against property.

Objectively, a robbery charge requires the taking of another’s movable property. This taking must be done through the use of force or threats. These include violence and threats of immediate danger to life or limb.

Violence is committed when a person exerts physical force, either directly or indirectly, to break the victim’s resistance.

A threat of immediate danger to life or limb exists when harm or a negative event is threatened to another person, and the person making the threat has control or claims to have control over the event’s occurrence. The threatened person must take the threat seriously.

The taking must occur specifically through the use of violence or threats. What matters here is that there is a close temporal and spatial connection.

The use of force is the key distinction from theft. In theft, the property is usually taken unnoticed, and the use of force is not necessary for the taking.

Subjectively, the perpetrator must have acted intentionally with the intent to unlawfully enrich themselves or a third party.

Special Case – Aggravated Robbery, § 250 StGB

Robbery can be committed in different ways. Aggravated robbery is a more serious form of “simple robbery,” and therefore carries a much higher penalty.

Aggravated robbery occurs if a dangerous weapon or any other tool or means is carried during the offense. The tool or means must at least be capable of causing serious injury to another person.

It is also considered aggravated robbery if the victim suffers serious bodily harm.

If the crime is committed by a group, as part of a gang, this can also constitute aggravated robbery. This requires the involvement of at least three people.

The offense of particularly aggravated robbery under § 250 (2) StGB covers cases where the perpetrator not only carried a dangerous weapon or tool during the crime but also used it.

Special Case – Robbery Resulting in Death, § 251 StGB

Robbery resulting in death occurs when the perpetrator causes the death of another person during the robbery. The perpetrator does not need to have acted intentionally but at least negligently. This means that the perpetrator failed to exercise the care required by the situation due to recklessness or indifference.

What Punishment Can I Expect if Convicted?

The penalty for robbery is a prison sentence of no less than one year. In less serious cases, the sentence ranges from six months to five years. With representation from a competent legal advisor, it may be possible to be convicted of a lesser offense, which in some cases could lead to a suspended sentence, avoiding the need to serve time in prison.

For aggravated robbery, the penalty is a prison sentence of no less than three years. However, the sentence can extend to no less than five years if the perpetrator not only carried a weapon or dangerous tool but also used it during the crime. The same applies if another person was severely injured or placed in mortal danger during the robbery. In less serious cases, the penalty ranges from one year to ten years in prison.

If the robbery resulted in the death of another person (robbery with fatal consequences), the sentence may be life imprisonment or a prison term of no less than ten years.

The severity of the punishment always depends on the circumstances of the individual case, particularly the use of force or threats, the harm caused (such as injury to the victim), or the perpetrator’s prior convictions.

Do I Need a Lawyer?

To minimize the sentence or even avoid a conviction, the assistance of a specialist is essential if you are accused in a criminal case of robbery.

Robbery is a serious crime with severe penalties, so you should contact a specialized lawyer in a timely manner.

If you have received a summons as a suspect, you should immediately contact a criminal defense attorney.

Since robbery under § 249 StGB and its aggravated forms are classified as serious crimes, this is a case of necessary defense, meaning you are entitled to a public defender.

If you are asked to choose a public defender, you should definitely exercise this right and select a lawyer specialized in criminal law. Do not leave the choice of a lawyer to the court, as this is the only way to ensure that a knowledgeable expert will represent you.

The law firm Mügge, Dr. Pitschel & Partner offers expert advice and defense with years of experience in numerous robbery cases. If you have further questions or are accused in a criminal case, feel free to contact us.