Robbery Allegations

What to do when accused of robbery?

Imagine suddenly receiving a summons or learning from other sources that you are being investigated for robbery. This situation is often intimidating and can lead to mistakes if you react unprepared. However, those who keep a cool head and take the right steps create a solid foundation for a successful defense.

Below are some key recommendations on how to conduct yourself when facing an allegation of robbery:

1. 1. Stay calm Such an accusation often puts those affected under great pressure. At this precise moment, however, it is important not to be carried away into making spontaneous, potentially self-incriminating statements.

1. 1. Exercise your right to remain silent You are not required to make any statements to the police. As a rule, you should exercise this right until you have spoken with a lawyer.

1. 1. Early legal advice Anyone accused of robbery is facing a felony charge. Penalties can be severe, which is why legal assistance is essential. Only a lawyer can obtain full access to the case files and specifically uncover any exonerating evidence.

1. 1. Contact a court-appointed or private defense attorney In the event of a robbery charge, you are entitled to a court-appointed lawyer. Nevertheless, you should actively choose a lawyer specializing in criminal law rather than leaving the selection to the court. This increases your chances of a strong defense.

1. 1. Avert avoidable mistakes Avoid speaking publicly about the facts of the case, such as on social media, or discussing it with other co-defendants. Otherwise, the investigating authorities could potentially use your statements against you later.

When have you committed a robbery?

According to Section 249 StGB, robbery occurs when someone takes another person’s movable property and, in doing so, uses force against a person or issues a threat of imminent danger to life or limb. In other words: it is not enough to simply steal something secretly. There must also be a violent or intimidating element through which the perpetrator breaks the victim’s resistance and takes the item from them.

Simple examples

• • Threat with a knife: A holds a knife to B’s throat and demands: “Give me your wallet or I will hurt you!”, then A takes the wallet. This constitutes robbery because A uses force or a threat of immediate danger to obtain the wallet.

• • Punch: A punches B in order to take B’s smartphone. Here, too, it is clearly recognizable that force is being used against B so that A can get the phone.

What does not count as robbery?

• • Secret removal: If A pulls B’s wallet out of B’s jacket pocket unnoticed, without force or threats, this is generally considered theft and not robbery.

• • Slight jostling without criminal intent: Someone who accidentally bumps into someone’s shoulder and inadvertently takes a bag in the process is committing a taking, but the conscious use of force for coercion is missing. However, a close look at the circumstances is always necessary.

For classification as robbery, the connection between taking and force/threat is particularly important. The legislature distinguishes this clearly from simple theft, as the use of coercion or intimidation makes the act far more serious.

Differences from similar offenses

Robbery (Section 249 StGB) is a serious property offense in which force or threats are used to take an item. In practice, however, there are often overlaps with other offenses that appear similar at first glance, particularly regarding the required elements of the crime. Below is a brief overview:

1. Theft according to Section 242 StGB

• • Characteristic: Taking another’s property without force or threats.

• • Example: Secretly stealing a handbag from a shopping cart.

• • Difference from robbery: A simple taking without means of coercion is considered theft. However, as soon as the perpetrator uses force or threats, it is referred to as robbery.

2. Robbery-like theft according to Section 252 StGB

• • Characteristic: First, the item is stolen unnoticed (theft). Immediately thereafter, the perpetrator uses force or threats to secure the loot.

• • Example: A steals B’s wallet from B’s pocket. When B pursues him, A threatens him with a stick so that B stops following him, allowing A to flee with the wallet.

• • Difference from robbery: The use of force or threats occurs after the actual theft for the purpose of keeping the stolen property. In a robbery, the use of force occurs during the taking.

3. Extortionate robbery according to Section 255 StGB

• • Characteristic: A combination of extortion (Section 253 StGB) and a robbery-like approach (force or threats). The victim is actively forced to hand over an item.

• • Example: A threatens B with a pistol and says: “Open your safe and hand over the money!”.

• • Difference from robbery: In a robbery, the perpetrator takes the item themselves. In (extortionate) robbery, the victim is induced to actively cooperate (e.g., opening a safe, emptying an account, providing a PIN).

4. Extortion according to Section 253 StGB and Coercion according to Section 240 StGB

• • Extortion, Section 253 StGB: The victim is induced to make a disposition of assets through threats or force. The threat is often less immediate and not always directed against life or limb.

• • Coercion, Section 240 StGB: Aims to force an act, sufferance, or omission. Financial loss is not necessarily required.

• • Difference from robbery: Obtaining an item is not always the primary focus here. Furthermore, the threats in extortion/coercion are often less specifically aimed at immediate physical impact than in robbery.

5. Special Case – Aggravated Robbery according to Section 250 StGB

“Simple” robbery becomes aggravated robbery if certain qualifying characteristics are added:

• • Weapon or dangerous tool is carried or used

• • Gang robbery: At least three people are involved in the act

• • Serious injury to health or a specific danger to the victim’s life has occurred

If these circumstances are present, the minimum prison sentence increases to three years. If weapons or dangerous tools are not just carried but actually used, a minimum prison sentence of five years applies.

6. Special Case – Robbery Resulting in Death according to Section 251 StGB

In this case, the robbery leads to the killing of a person—whether through intent or at least through recklessness. Even if there is no direct intent to kill, the consequences can be grave:

• • Imprisonment not less than ten years

• • In particularly serious cases life imprisonment

The legal assessment depends heavily on the circumstances. It also matters whether the perpetrator caused the death through negligence or indifference.

Notes on Differentiation

1. 1. Robbery vs. Theft: Robbery always involves an element of force or threats. If this is missing, it is (generally) theft.
   2. Aggravated Robbery: Subject to higher penalties if additional qualifying circumstances (weapon, dangerous tool, serious injury to health) are present.
   3. Robbery Resulting in Death: A particularly serious case that can lead to significantly higher penalties even in the event of reckless killing during the robbery.
   4. Robbery-like Theft: The force or threat follows the actual theft and serves to secure the loot.
   5. Extortionate Robbery: The victim “provides” the benefit themselves (e.g., by handing it over). Unlike robbery, the perpetrator does not simply take the item but has it given to them by the victim.

Why these distinctions are important:

The threatened penalties for robbery (Section 249 StGB) and related offenses (e.g., robbery-like theft or extortionate robbery) differ significantly in some cases from the penalties for simple theft, extortion, or coercion. Anyone accused of a crime should therefore always keep in mind whether the actions of the law enforcement authorities are legally correctly classified. A wrong classification can lead to a significantly higher sentence.

The main distinction between robbery and related offenses lies in the use of force or threats in direct connection with the taking (robbery) or in the chronological sequence (robbery-like theft) or in the inclusion of an active disposition of assets by the victim (extortionate robbery). These differentiations are crucial for the sentence.

Procedural Sequence

If you are accused of committing a robbery, the course of the proceedings typically looks like this:

1. 1. Investigation proceedings: Police and the public prosecutor’s office collect evidence and interview witnesses, for example.

1. 1. Intermediate proceedings: The public prosecutor’s office files charges if there is sufficient suspicion of a crime. The court examines whether to admit the charges.

1. 1. Main hearing: During the court hearing, evidence is introduced and witnesses in particular are heard. Subsequently, the court decides by judgment.

1. 1. Legal remedies: An appeal or a revision can be filed against a conviction (depending on the instance).

Particularly during the investigation proceedings, there is a good opportunity to actively influence the relevant course of action through your lawyer.

Attempted Robbery and Forms of Participation

• • Attempted robbery: Even the attempt is punishable if the perpetrator directly begins the act but it is not completed. The sentencing range may be mitigated but varies depending on the individual case.

• • Forms of participation: Joint perpetration: Several people plan and commit the act together—they are (as a rule) treated as main perpetrators. Aiding and abetting: Acts of support without determining or controlling the act themselves can lead to a lower sentence, especially if they do not involve the use of force against a person.

Juvenile Criminal Law

For defendants between 14 and 18 years old, juvenile criminal law is applied. For defendants between 18 and 21 years old (young adults), juvenile criminal law may be applied. Especially with serious allegations like robbery, it is examined whether adult criminal law should be applied if the defendant already possesses the necessary maturity. The application of juvenile criminal law is beneficial for the defendants:

• • Educational focus: Priority over pure punishment.

• • Consequences: Instead of long prison sentences, educational measures such as work requirements or social training courses can be ordered as a priority.

Caution with Statements to Police and Media

Especially after an alleged crime, defendants are often unsure how to behave. However, a thoughtless remark can quickly complicate one’s own defense.

Especially after an alleged crime, defendants are often unsure how to behave. A thoughtless remark can quickly complicate one’s own defense. 1. Right to Silence

• • Police interrogations: A classic example is the police summons. Many defendants believe they must testify immediately to “set the record straight.” But in many cases, a premature statement can be used against you later.

• • Tip: Initially, do not provide any information regarding the facts and contact a lawyer. They will check if and when it makes sense to make a statement.

2. Statements in (Social) Media

• • Social media profiles: Defendants sometimes comment on Facebook, Instagram, or in forums to inform friends or followers about the situation. But investigating authorities also see these posts—they can be used as an indication or evidence.

• • Example: If someone writes on Instagram: “I only defended myself because the other person provoked me,” this could create the impression that there was a confrontation with possible intent.

3. Interviews or Press Reports

• • Public statements: If journalists approach you or a TV crew is at your door, there is no obligation to respond. It is usually advisable not to justify yourself publicly before all facts are clarified.

• • Pitfalls: Inaccurate statements in the media can later be citable in court proceedings—possibly in a completely different context than you intended.

4. Conversations with Third Parties

• • Relatives and friends: Even trusted individuals can unintentionally pass details to the police or the press.

• • Co-defendants: If several people are accused of a crime together, any discussion can quickly lead to contradictions that investigators could exploit.

In the event of a robbery allegation, it is highly recommended to avoid public and uncoordinated statements. Leave it to your lawyer to communicate with the law enforcement authorities. This ensures that you do not disclose any information that could be misunderstood or interpreted to your disadvantage.

Possible Defense Strategies

The defense in robbery proceedings depends on the individual circumstances. Typical approaches:

1. 1. Denial of involvement: Evidence (such as witness testimony) is often prone to error.

1. 1. Lack of force/threat: In some cases, a threat is overinterpreted or a simple scuffle is evaluated as an act of violence.

1. 1. Lack of intent: If intent is absent, this can significantly weaken the criminal allegation.

1. 1. Less serious case: If the court determines a less serious case, this can significantly lower the sentencing range.

Psychological Exceptional Situations and Expert Opinions

In the case of mental illness or exceptional situations, a corresponding expert opinion can be decisive for the question of whether and to what extent criminal responsibility exists. Addiction problems or personality disorders also play a role here. Diminished responsibility can, for example, cause a shift in the sentencing range.

Civil Law Claims

Victims of robbery can assert claims for damages and/or compensation for pain and suffering.

In addition to the criminal proceedings, a civil law proceeding may also be imminent. A perpetrator-victim mediation can have both a mitigating effect on the sentence and a compensatory effect under civil law.

Consequences under Immigration Law

Non-German defendants should be aware of any consequences for their residence status. In the event of a conviction for robbery:

• • a residence permit may be revoked

• • or a deportation may be ordered.

It is therefore recommended to clarify residence law issues as early as possible.

Statistical and Practical Notes

• • Clearance rate: Robbery offenses are often intensively pursued by the police, as there are usually witnesses, video recordings, or other evidence.

• • Prevention: For potential victims, it can be useful to look into general security tips (e.g., not carrying cash openly, using busy paths).

What penalty can I expect?

Below is a tabular overview of the most important offenses related to robbery and similar criminal elements. The table includes information on the respective characteristics as well as the typical sentencing range.

In each individual case, the individual circumstances are decisive for the sentence—in particular the means used, the severity of the injuries sustained, and the presence of prior convictions.

Do I need a lawyer?

Yes. Robbery is a felony offense, which means a high prison sentence is threatened. This constitutes a case of mandatory defense. You are entitled to a court-appointed lawyer, but you can choose a specialist lawyer for criminal law yourself instead of leaving the decision to the court.

Advantages of early legal advice:

• • Strategy planning already during the investigation proceedings

• • Examination and application for exonerating evidence

• • Skillful maneuvering during statements and in the main hearing

Conclusion

A robbery allegation (Section 249 StGB) must be taken extremely seriously, as even simple robbery acts are punished with at least one year of imprisonment. Through qualified variants (Sections 250, 251 StGB), the sentence can increase significantly. The outcome of the proceedings depends on many factors: details of the act, personal circumstances (e.g., juvenile criminal law, psychological aspects), and the quality of the defense. We specialize in defense in robbery and theft proceedings. With many years of experience in criminal law, we advise and represent our clients nationwide. If you have questions or have received a summons, please contact us as early as possible so that we can optimally protect your rights.