Robbery Charges

Robbery Charges in Massachusetts

If you have been charged with robbery in Massachusetts, you are facing a serious felony. Robbery charges can expose you to state prison time, strict bail arguments, long-term probation consequences, and a permanent criminal record. Whether the accusation involves armed robbery, unarmed robbery, a masked robbery allegation, or a robbery involving a person over 60, it is important to speak with a criminal defense attorney immediately.

Robbery cases often depend on witness identification, police reports, surveillance footage, statements, alleged use of force, and whether the Commonwealth can prove the required elements beyond a reasonable doubt. These cases can move quickly, and early legal representation can make a major difference.

At The Law Offices of Elliot Savitz & Scott Bradley, we defend clients facing robbery, assault, theft, violent crime, and other felony charges throughout Boston and Massachusetts.

What Is Robbery in Massachusetts?

Robbery is different from ordinary theft because it involves taking property from another person through force, violence, assault, or fear. In Massachusetts, robbery may be charged as armed robbery or unarmed robbery depending on whether the Commonwealth alleges that the defendant was armed with a dangerous weapon.

Robbery charges are serious because they combine theft-related allegations with person-based conduct, such as force or intimidation. Even if no one was seriously injured, the charge can still carry severe penalties.

Unarmed Robbery

Unarmed robbery is governed by Massachusetts General Laws Chapter 265, Section 19. Under that statute, unarmed robbery involves taking money or property from another person, or from the person’s immediate control, by force and violence or by assault and putting the person in fear.

To prove unarmed robbery, the Commonwealth generally must prove that:

• The defendant took money or property from another person or from that person’s immediate control;
• The property was something that could be the subject of larceny;
• The defendant used force and violence or assault and put the person in fear; and
• The defendant intended to steal the property.

Unarmed robbery is still a felony and can carry very serious penalties, including state prison exposure.

Armed Robbery

Armed robbery is governed by Massachusetts General Laws Chapter 265, Section 17. Armed robbery involves being armed with a dangerous weapon, assaulting another person, and robbing, stealing, or taking money or property from that person.

A dangerous weapon may include an object designed to cause serious injury or death, such as a firearm or knife. It may also include an ordinary object if it is used in a way that could cause serious injury or death.

To prove armed robbery, the Commonwealth generally must prove that:

• The defendant was armed with a dangerous weapon;
• The defendant assaulted another person;
• The defendant robbed, stole, or took money or property from that person; and
• The defendant intended to steal the property.

Massachusetts model jury instructions for armed robbery explain that unarmed robbery has the same general elements except the Commonwealth does not need to prove the defendant was armed with a dangerous weapon.

What Counts as a Dangerous Weapon in a Robbery Case?

A dangerous weapon may be obvious, such as a firearm, knife, or other weapon. However, robbery cases can also involve disputes over whether an object qualifies as a dangerous weapon based on how it was allegedly used.

Examples may include:

• A firearm;
• A knife;
• A bat or club;
• A bottle;
• A vehicle;
• A tool; or
• Another object allegedly used in a way capable of causing serious bodily injury.

A defense attorney may challenge whether the object was actually present, whether it was used or displayed, whether the alleged victim reasonably perceived a weapon, or whether the evidence supports an armed robbery charge rather than a lesser offense.

Penalties for Armed Robbery in Massachusetts

Armed robbery carries severe penalties. Under M.G.L. c. 265, § 17, a person convicted of armed robbery may be punished by imprisonment in state prison for life or for any term of years.

If the offense is committed while the person is masked, disguised, or has artificially distorted features, mandatory minimum sentences apply:

• First offense: imprisonment for not less than 5 years; and
• Subsequent offense: imprisonment for not less than 10 years.

Because of the seriousness of these penalties, every element of the charge should be carefully reviewed, including identification, the alleged weapon, the use of force or fear, and whether the evidence supports the Commonwealth’s theory.

Penalties for Unarmed Robbery in Massachusetts

Unarmed robbery is also extremely serious. Under M.G.L. c. 265, § 19, unarmed robbery may be punished by imprisonment in state prison for life or for any term of years.

Additional issues may arise if the alleged victim was 60 years old or older or if prosecutors allege a repeat offense. These facts can affect charging decisions, plea negotiations, sentencing exposure, and defense strategy.

Robbery vs. Larceny: What Is the Difference?

Robbery and larceny both involve allegations of taking property, but robbery includes force, violence, assault, or fear. Larceny generally involves unlawful taking without the same person-based force or intimidation element.

This distinction matters. If the evidence does not support force, fear, assault, or immediate control, the defense may argue that the facts do not prove robbery. In some cases, the defense may seek dismissal, reduction, or negotiation to a lesser offense depending on the evidence.

Common Defenses to Robbery Charges

Every robbery case depends on the facts. A strong defense may focus on whether the Commonwealth can prove identity, force, intent, possession of a weapon, and the taking of property beyond a reasonable doubt.

Common defense issues may include:

• Mistaken identity: The wrong person was accused, often based on unreliable eyewitness identification.
• No dangerous weapon: The evidence does not prove the defendant was armed or used a dangerous weapon.
• No force or fear: The facts may support a lesser theft-related charge, but not robbery.
• No intent to steal: The prosecution cannot prove the defendant intended to permanently deprive another person of property.
• False accusation: The allegation was exaggerated, fabricated, or based on a misunderstanding.
• Weak surveillance or digital evidence: Video, phone records, or other evidence may not clearly prove involvement.
• Unlawful search or seizure: Evidence may be challenged if police violated constitutional rights.
• Improper statements: Statements may be challenged if they were obtained in violation of constitutional protections.
• Alibi or lack of presence: Evidence may show the accused person was somewhere else.

For related information about protecting yourself during police questioning, read: How the Fifth Amendment Protects You in Assault Cases.

Why Robbery Cases Require Immediate Legal Attention

Robbery charges can result in harsh bail arguments, Superior Court prosecution, serious prison exposure, and long-term consequences. Prosecutors may rely on police reports, victim statements, surveillance video, fingerprints, DNA, phone records, social media evidence, and witness identifications.

Early defense work may include:

• Reviewing police reports and charging documents;
• Preserving surveillance footage before it disappears;
• Challenging unreliable identifications;
• Investigating witnesses and alibi evidence;
• Reviewing whether a dangerous weapon was actually involved;
• Challenging unlawful searches, seizures, or statements;
• Negotiating for reduced charges where appropriate; and
• Preparing for trial if the Commonwealth cannot prove the charge.

How The Law Offices of Elliot Savitz & Scott Bradley Can Help

At The Law Offices of Elliot Savitz & Scott Bradley, we understand the high stakes involved in robbery cases. We investigate the facts, challenge weak evidence, identify constitutional issues, and develop a defense strategy based on the specific allegations.

We can help by:

• Analyzing the exact robbery charge and potential penalties;
• Reviewing the alleged use of force, fear, or intimidation;
• Challenging whether the evidence supports armed robbery;
• Investigating witness credibility and identification issues;
• Reviewing surveillance footage and physical evidence;
• Filing motions to suppress unlawfully obtained evidence where appropriate;
• Seeking dismissal, reduction, or alternative resolution when possible; and
• Defending you at trial if the Commonwealth cannot prove its case.

For more information about serious felony allegations, visit our page on felony defense.

Facing Robbery Charges in Massachusetts?

If you have been charged with robbery, do not speak to police or prosecutors without legal representation. Do not assume the case is hopeless because an accusation has been made. Identification, intent, force, the alleged weapon, and the circumstances of the alleged taking all matter.

At The Law Offices of Elliot Savitz & Scott Bradley, we provide experienced and strategic defense for clients facing robbery and other serious criminal charges throughout Massachusetts.

If you are facing robbery charges in Massachusetts, contact us today for a confidential consultation. We can review the allegations, explain your options, and begin building your defense.