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The Colorado Crime of Aggravated Robbery 18-4-302

The Colorado Crime of Aggravated Robbery 18-4-302To understand the Colorado Criminal Code and more specifically the charge or charges in the Complaint and Information or Grand Jury Indictment against you – you need TWO things.

I. You Will Need To Understand The Actual Statutory Crime With Which You Have Been Charged

– The statute, as of 2016, appears first on this page.

II. You Will Also Need To Understand How The Jury Or Judge Reads The Elements – ( a jury instruction “breakout” of the necessary parts or list of things that make up the crime)

– The Jury Instructions for most of the main forms of the crimes with which individuals are charged – appears after a reprint of the statute defining the crime.

The Statute Creating The Colorado Crime of Aggravated Robbery 18-4-302

 § 18-4-302. Aggravated robbery

(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:

(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
(2) Repealed.
(3) Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10).
(4) If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

The Jury Instruction For the Colorado Crime Of Aggravated Robbery 18-4-302

AGGRAVATED ROBBERY (KILL, MAIM, OR WOUND)

The elements of the crime of aggravated robbery (kill, maim, or wound) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. took anything of value,

5. from the person or presence of another,

6. by the use of force, threats, or intimidation, and

7. during the act of robbery or immediate flight therefrom,

8. was armed with a deadly weapon,

9. with intent, if resisted, to kill, maim, or wound any person.

[10. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

ROBBERY (WOUND, STRIKE, OR PUT IN FEAR)

The elements of the crime of aggravated robbery (wound, strike, or put in fear) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. took anything of value,

5. from the person or presence of another,

6. by the use of force, threats, or intimidation, and

7. during the act of robbery or immediate flight therefrom,

8. knowingly,

[9. wounded or struck any person,

10. with a deadly weapon.]

[9. by the use of force, threats, or intimidation,

10. with a deadly weapon,

11. put any person in reasonable fear of death or bodily injury.] [__. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

AGGRAVATED ROBBERY (CONFEDERATE)

The elements of the crime of aggravated robbery (confederate) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. took anything of value,

5. from the person or presence of another,

6. by the use of force, threats, or intimidation, and

7. during the act of robbery or immediate flight therefrom,

8. had present a confederate,

9. aiding or abetting the perpetration of the robbery,

10. armed with a deadly weapon,

11. with the intent, either on the part of the defendant or the confederate, if resistance was offered, to kill, maim, or wound any person, or by the use of force, threats, or intimidation put any person in reasonable fear of death or bodily injury.

[12. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

AGGRAVATED ROBBERY OF CONTROLLED SUBSTANCES (WOUND, STRIKE, OR PUT IN FEAR)

The elements of the crime of aggravated robbery of a controlled substance (wound, strike, or put in fear) are:

1. That the defendant,

2. in the State of Colorado, at or about the date and place charged,

3. knowingly,

4. took any controlled substance,

5. from the person or presence of any pharmacy, pharmacist, place, or person having lawful possession thereof,

6. by the use of force, threats, or intimidation, and

7. during the act of robbery or immediate flight therefrom,

8. knowingly,

[9. wounded or struck any person,

10. with a deadly weapon.]

[9. by the use of force, threats, or intimidation,

10. with a deadly weapon,

11. put any person in reasonable fear of death or bodily injury.] [__. and that the defendant’s conduct was not legally authorized by the affirmative defense[s] in Instruction[s] ___.]

To enlarge the Colorado Felony Sentencing Chart – Click on the chart until it opens.

Colorado Felony Offenses Chart

 

 

 

 

 

 

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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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