A robbery charge in Washington, DC is one of the most serious offenses you can face. Under DC law, robbery is a felony that can result in years of incarceration, a permanent criminal record, and consequences that follow you for the rest of your life. If you or someone you love has been charged with robbery in the District, you need an experienced DC robbery lawyer in your corner, and you need one now.
At the Law Offices of Krum, Gergely & Oates, our criminal defense attorneys have decades of combined experience defending clients against serious felony charges across Maryland, Virginia, and Washington, DC. We understand how DC prosecutors build robbery cases, and we know how to take them apart.
Facing robbery charges in DC? Call (301) 840-0080 or fill out our contact form to schedule a free consultation.
What Is Robbery Under DC Law?
Robbery in Washington, DC is governed by D.C. Code § 22-2801. Under the statute, robbery is defined as the taking of anything of value from the person or immediate possession of another, by force or violence, or by putting that person in fear.
That definition is broad by design. A prosecutor does not need to prove that a weapon was used or that the victim suffered a physical injury. The use of any force, even a grab or a shove, combined with the taking of property, can be enough to support a robbery charge.
Penalties under D.C. Code § 22-2801 include:
- Up to 15 years in prison for a standard robbery conviction
- Up to 30 years if the robbery involved a dangerous weapon (armed robbery under D.C. Code § 22-4502)
- Substantial fines in addition to incarceration
- Felony record that cannot be expunged under most circumstances
Note: DC does not operate its own state prison system. Individuals convicted of felonies under DC law are typically incarcerated in facilities operated by the Federal Bureau of Prisons, even though the charges arise under local DC law.
Because robbery is classified as a crime of violence under DC law, a conviction also carries collateral consequences, including potential immigration impacts, loss of professional licenses, and restrictions on firearm ownership.
Robbery vs. Theft vs. Armed Robbery in DC
Many people charged with robbery are surprised to learn how the charge differs from theft and how much more serious the penalties are. Understanding the distinction matters for building your defense.
Robbery vs. Theft
Theft under D.C. Code § 22-3211 involves unlawfully obtaining someone’s property, but it does not require force or a direct confrontation with the victim. Robbery requires both: the property must be taken from the victim’s person or immediate presence, and it must be accomplished through force, violence, or intimidation. That additional element is what transforms a theft into a violent felony.
Robbery vs. Armed Robbery
If a dangerous weapon was involved, a firearm, knife, or any object used in a threatening manner, the charge escalates to armed robbery under D.C. Code § 22-4502. Armed robbery carries a maximum sentence of 30 years and is treated as one of the most serious offenses in the DC Superior Court. Even if you did not fire or use the weapon, its presence during the offense can trigger the enhanced charge.
Attempted Robbery
DC law recognizes attempted robbery as its own felony offense under D.C. Code § 22-2802. Anyone who attempts to commit robbery by an overt act faces up to three years in prison, making it a felony under DC law, which defines felonies as offenses carrying more than one year of potential incarceration. A separate catch-all attempt statute exists for offenses without a dedicated attempt provision, but robbery is not one of them; it has its own statute with its own penalties.
What Must the Prosecution Prove?
To secure a robbery conviction, the government must prove each of the following elements beyond a reasonable doubt:
- The defendant took something of value
- The property was taken from another person or from their immediate possession
- The taking was against the victim’s will
- The defendant used force, violence, or intimidation to accomplish the taking
If the prosecution cannot establish all four elements, there is no robbery. A skilled DC robbery attorney will scrutinize the government’s evidence at every stage from the indictment through trial to identify weaknesses in their case.
Potential Defenses to Robbery Charges in DC
Being charged with robbery does not mean you will be convicted. The attorneys at Krum, Gergely & Oates examine every aspect of the government’s case to develop a defense strategy tailored to the facts. Common defenses include:
Mistaken Identity
Robbery often occurs quickly and in high-stress conditions. Eyewitness identifications are notoriously unreliable, and DC courts have recognized this. If the prosecution’s case rests primarily on witness identification, your attorney can challenge the reliability of that identification through cross-examination, expert testimony, and motions to suppress improperly conducted lineups or photo arrays.
Lack of Force or Intimidation
If property was taken but without the use of force, violence, or threatening conduct, the charge may not meet the legal definition of robbery. Depending on the facts, the conduct might constitute a lesser offense, such as theft or pick-pocketing, which carries significantly lower penalties.
Alibi
If you were not present at the scene when the alleged robbery occurred, your attorney can present alibi evidence, such as witness testimony, surveillance footage, cell phone records, or other documentation, to establish that you could not have committed the offense.
Challenging the Search or Arrest
If law enforcement violated your Fourth Amendment rights during the investigation through an unlawful stop, illegal search, or improper seizure of evidence, your attorney can file a motion to suppress that evidence. If key evidence is excluded, the prosecution’s case may collapse entirely.
Insufficient Evidence
In some cases, the government simply does not have enough credible evidence to prove each element of robbery beyond a reasonable doubt. This is especially true in cases that rely on a single witness, inconsistent testimony, or no physical evidence linking the defendant to the alleged crime.
Consequences Beyond Incarceration
A robbery conviction in DC does more than result in prison time. The collateral consequences can affect virtually every area of your life:
- Immigration: Non-citizens convicted of robbery, a crime of violence, face mandatory deportation and are permanently barred from re-entering the United States
- Employment: A felony conviction makes it significantly harder to find work, particularly in fields requiring background checks, security clearances, or professional licenses
- Housing: Many landlords refuse to rent to individuals with violent felony convictions
- Firearms: A felony conviction results in a lifetime ban on owning or possessing firearms under federal law
- Civil rights: DC has restored voting rights for all residents, including those currently incarcerated. A convicted felon in DC does not lose the right to vote
These consequences make it essential to take robbery charges seriously from the very first moment and to have experienced legal representation fighting for you at every stage of the process.
Why Choose Krum, Gergely & Oates?
The Law Offices of Krum, Gergely & Oates is a full-service criminal defense firm serving clients throughout Maryland, Virginia, and Washington, DC. Our attorneys have tried hundreds of cases, including serious felonies, before juries and judges at every level of the court system. We bring that depth of trial experience to every robbery case we take.
We are not a plea-first firm. We investigate every case thoroughly, challenge the government’s evidence aggressively, and prepare every case as if it is going to trial. At the same time, we understand that our clients have lives, families, and futures to protect, and we pursue every available avenue to achieve the best possible outcome, whether that means a dismissal, a reduced charge, or an acquittal at trial.
Our firm has secured not-guilty verdicts and favorable outcomes for clients facing the most serious charges, including those involving allegations of robbery, assault, and other violent felonies. When the stakes are this high, experience matters.
Frequently Asked Questions
What is the difference between robbery and theft in Washington, DC?
Theft involves taking property without the owner’s consent, but it does not require any confrontation with the victim. Robbery requires that the property be taken directly from a person through force, violence, or intimidation. That additional element makes robbery a far more serious felony with significantly higher penalties under DC law.
Can a robbery charge be reduced to a lesser offense?
Yes, in some cases. Depending on the specific facts, an experienced DC robbery attorney may be able to negotiate a reduction to a lesser charge, such as theft or simple assault, or pursue a dismissal if the evidence is insufficient. Every case is different, and the right strategy depends on the strength of the government’s evidence and the specific circumstances of the alleged offense.
Do I have to go to trial if I'm charged with robbery in DC?
No. Many robbery cases are resolved through negotiated plea agreements before trial. However, having a skilled trial attorney on your side, one that prosecutors know is prepared to go to trial, puts you in a much stronger negotiating position. At Krum, Gergely & Oates, we prepare every case for trial while remaining open to favorable resolutions that serve our clients’ best interests.
What should I do if I've been arrested for robbery in Washington, DC?
Do not speak to police without an attorney present. Exercise your right to remain silent and ask for a lawyer immediately. Anything you say can and will be used against you. Contact the Law Offices of Krum, Gergely & Oates as soon as possible so our attorneys can begin protecting your rights from the moment of arrest.
Contact a DC Robbery Lawyer Today
If you are facing robbery charges in Washington, DC, do not wait. The earlier your attorney gets involved, the more options you have. From the initial arrest through grand jury proceedings, pre-trial motions, and trial, the Law Offices of Krum, Gergely & Oates will fight for you every step of the way.
Facing robbery charges in DC? Call (301) 840-0080 or fill out our contact form to schedule a free consultation.
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