Robbery Charges

A robbery charge in Massachusetts is a serious felony allegation because it combines an alleged theft with force, violence, or conduct that puts another person in fear. The exact charge may be armed robbery, unarmed robbery, or another related offense depending on the circumstances.

The distinction matters. The Commonwealth must prove specific elements beyond a reasonable doubt, and factors such as whether a weapon was involved, how the property was allegedly taken, identification evidence, statements, video, and the defendant’s intent can all affect the case.

What Is Robbery Under Massachusetts Law?

Robbery is different from ordinary larceny because it involves taking property from another person or from the person’s immediate control through force or by putting the person in fear.

Massachusetts has separate statutes governing armed and unarmed robbery:

• Massachusetts General Laws Chapter 265, Section 17 addresses armed robbery.
• Massachusetts General Laws Chapter 265, Section 19 addresses unarmed robbery.

The allegations and evidence must be evaluated under the specific statute charged rather than treating every theft involving another person as robbery.

What Is Unarmed Robbery in Massachusetts?

Under Massachusetts General Laws Chapter 265, Section 19, unarmed robbery generally involves taking money or property from another person or from that person’s immediate control through force or violence, or by assault and putting the person in fear, without being armed with a dangerous weapon.

According to the Massachusetts Superior Court model jury instruction, the Commonwealth generally must prove beyond a reasonable doubt that:

1. The defendant took money or property from the alleged victim or from the victim’s immediate control;
2. The defendant applied force to the victim or put the victim in fear through threatening words or gestures;
3. The force or threat caused the defendant to obtain possession of the property; and
4. The defendant intended to steal the property.

You can review the official Massachusetts Unarmed Robbery Model Jury Instruction.

What Are the Penalties for Unarmed Robbery?

Under Massachusetts General Laws Chapter 265, Section 19(b), unarmed robbery is punishable by imprisonment in state prison for life or for any term of years.

Section 19 also contains a separate provision for unarmed robbery involving a victim who is 60 years of age or older, including additional rules for subsequent offenses.

Because the statute authorizes state-prison punishment, unarmed robbery is a felony under Massachusetts law.

What Is Armed Robbery in Massachusetts?

Armed robbery is governed by Massachusetts General Laws Chapter 265, Section 17. It involves a robbery committed while the defendant is armed with a dangerous weapon.

Under the Massachusetts Superior Court model jury instruction, the Commonwealth generally must prove four elements beyond a reasonable doubt:

1. The defendant was armed with a dangerous weapon;
2. The defendant applied force to the alleged victim or put the victim in fear through threatening words or gestures;
3. The defendant took money or property from the victim or from the victim’s immediate control; and
4. The defendant intended to steal the money or property.

You can review the official Massachusetts Armed Robbery Model Jury Instruction.

What Counts as a Dangerous Weapon?

A dangerous weapon is not limited to a firearm. Some objects are considered dangerous because of their design, while other objects may qualify because of how they were allegedly used or because they could reasonably be perceived as capable of causing serious bodily injury or death.

Whether the Commonwealth can prove that the defendant was armed with a dangerous weapon can therefore be an important issue in an armed robbery case.

If a firearm or other weapon is part of the allegation, see our information about firearm and weapons charges in Massachusetts.

What Are the Penalties for Armed Robbery?

Massachusetts General Laws Chapter 265, Section 17 provides that armed robbery may be punished by imprisonment in state prison for life or for any term of years.

However, not every armed robbery charge carries the same mandatory minimum sentence. Section 17 contains additional provisions for particular circumstances.

Armed Robbery While Masked or Disguised

If the Commonwealth proves that the offense was committed while the defendant was masked, disguised, or had artificially distorted features, the statute provides for a minimum state-prison sentence of:

• Five years for a first offense; and
• Ten years for a subsequent offense.

Armed Robbery With a Firearm

Section 17 separately provides enhanced penalties when the robbery is committed while the defendant is armed with a firearm as defined by Massachusetts law.

The statute provides for:

• A minimum of five years in state prison for an offense committed while armed with a firearm; and
• A minimum of 15 years in state prison for a subsequent offense committed while armed with a firearm.

The exact charge and enhancement alleged on the indictment should therefore be reviewed carefully rather than assuming that every armed robbery charge carries the same minimum sentence.

What Is the Difference Between Robbery and Larceny?

Robbery and larceny both involve an alleged intent to steal, but robbery includes an additional element involving force or conduct that places another person in fear.

Larceny can involve the unlawful taking or conversion of property without a confrontation with another person. Robbery generally involves taking property from a person or from the person’s immediate control by force or intimidation.

For more information about theft without the robbery element, see our Larceny Charges in Massachusetts: Penalties and Defenses page.

You can also review our broader information about theft charges in Massachusetts.

Does the Value of the Property Determine Whether It Is Robbery?

Not in the same way that property value affects some larceny penalties. The Massachusetts armed and unarmed robbery statutes focus on the taking of property from another person or from the person’s immediate control through force or fear.

The Massachusetts armed robbery model jury instruction specifically explains that the value of the property does not have to be substantial as long as the property has some value.

That is one reason robbery should not be analyzed simply by applying the $1,200 larceny threshold to the case.

What Evidence May Be Used in a Robbery Case?

Robbery cases often depend heavily on identification and evidence concerning what happened during the alleged encounter.

Depending on the case, evidence may include:

• Surveillance video;
• Body-camera or other police video;
• Eyewitness identification;
• Photographs;
• Text messages or social-media communications;
• Cell phone or location evidence;
• DNA or fingerprint evidence;
• Property allegedly recovered after the incident;
• Evidence concerning a firearm or other alleged weapon;
• Statements allegedly made by the defendant; and
• Statements made by witnesses or the alleged victim.

The strength of that evidence should be evaluated individually. An accusation or identification does not eliminate the Commonwealth’s obligation to prove every required element beyond a reasonable doubt.

What Defenses May Apply to a Robbery Charge?

No single defense applies to every robbery case. The appropriate defense depends on the identification evidence, the alleged use of force or threats, whether a weapon was involved, what property was allegedly taken, and the defendant’s intent.

Issues that may need to be examined include:

• Mistaken identification: The alleged victim or another witness may have identified the wrong person.
• Insufficient evidence of force or fear: The evidence may not prove the force or threatening conduct required for robbery.
• No dangerous weapon: In an armed robbery case, the Commonwealth must prove the weapon element beyond a reasonable doubt.
• Lack of intent to steal: The evidence may not establish the required intent to permanently deprive another person of the property.
• Property not taken from the person or immediate control: The circumstances of the alleged taking may not satisfy the robbery charge.
• Disputed participation: The evidence may not prove that the defendant committed or knowingly participated in the alleged robbery.
• Search or seizure issues: Physical evidence may need to be reviewed to determine whether it was lawfully obtained.
• Statements to police: The circumstances surrounding any interrogation or alleged confession may need to be examined.

In some armed robbery cases, if the Commonwealth cannot prove the dangerous-weapon element, the evidence may instead raise an issue concerning the lesser offense of unarmed robbery. The precise charges and evidence must be reviewed in each case.

Can Someone Be Charged With Robbery Without Personally Taking the Property?

Potentially. Massachusetts criminal law recognizes liability based on knowing participation in a crime under appropriate circumstances. Merely being present at the scene, however, is not enough by itself.

If prosecutors allege that several people acted together, the evidence should be reviewed to determine what the Commonwealth claims each person knew, intended, and actually did.

What Should You Do After Being Charged With Robbery?

A robbery accusation can involve substantial prison exposure, so it is important to preserve information that may be relevant to the defense.

Depending on the circumstances, useful information may include:

• Phone records and messages;
• Location information;
• Photographs or videos;
• Receipts or records showing where you were;
• Names and contact information for potential witnesses;
• Any police or court paperwork; and
• Information concerning surveillance cameras that may have recorded the area.

You should also be cautious about discussing the allegations on social media or making unnecessary statements to police or other people involved in the case before understanding how those statements could be used.

How Can a Massachusetts Robbery Defense Attorney Help?

A robbery defense attorney can examine the exact charge, the prosecution’s identification evidence, whether force or fear can be proved, whether a dangerous weapon was actually involved, and whether the evidence establishes the required intent.

Depending on the case, an attorney may:

• Review police reports and charging documents;
• Examine surveillance and body-camera footage;
• Evaluate eyewitness identification procedures;
• Review firearm or weapon evidence;
• Analyze statements attributed to the defendant;
• Challenge unlawfully obtained evidence when appropriate;
• Evaluate whether the Commonwealth can prove each element of armed or unarmed robbery;
• Review whether lesser charges are implicated by the evidence;
• Discuss available resolutions; and
• Prepare the case for trial when necessary.

Facing Armed or Unarmed Robbery Charges in Massachusetts?

Armed and unarmed robbery are serious Massachusetts felony charges, but an accusation is not a conviction. The Commonwealth must prove the specific elements of the charged offense beyond a reasonable doubt.

The Law Offices of Elliot Savitz & Scott Bradley represents clients facing robbery, theft, larceny, firearm, assault, and other criminal charges throughout Massachusetts.

If you have been arrested, indicted, or charged with armed or unarmed robbery, contact us today to discuss your situation.

This page provides general information about Massachusetts criminal law and is not legal advice for a particular case. Potential penalties and defenses depend on the exact charge, evidence, criminal history, and other circumstances.