Facing Aggravated Robbery Charges in Minnesota?

Minnesota Aggravated Robbery Attorney Explains § 609.245, Your Rights, and How We Fight These Devastating Felony Charges.

The words “Aggravated Robbery” are terrifying, and now you find yourself accused of this incredibly serious crime in Minnesota under Statute § 609.245. Your mind is likely racing, consumed by fear of the severe prison time, the impact on your family, and the life-altering consequences that a conviction would bring. You may feel like your world has been turned upside down. This is, without a doubt, one of the most serious felony charges a person can face in our state, and the prosecution will be relentless in seeking a conviction. You need to understand that from this moment forward, every decision you make is critical.

Perhaps you believe this is a case of mistaken identity – that you weren’t even there. Maybe you were present, but had no involvement in any robbery, or the situation escalated far beyond anything you intended or anticipated. It’s possible the nature of an alleged weapon was misunderstood, or there was no weapon at all. Sometimes, an accusation of Aggravated Robbery stems from a chaotic event where the facts are muddled and unreliable. Regardless of the circumstances that led you here, one thing is certain: the stakes are astronomically high. This is a frightening and isolating experience, but you are not alone, and you don’t have to navigate this treacherous legal minefield by yourself. As an attorney who has defended clients against high-stakes felony charges across Minnesota – from the metropolitan courts of Minneapolis and St. Paul to communities in Rochester, Duluth, and counties like Hennepin, Ramsey, St. Louis, and Olmsted – I am here to help you understand precisely what you’re up against and to build the strongest possible defense to fight for your freedom and your future.

What Aggravated Robbery Actually Means in Minnesota

Aggravated Robbery in Minnesota, as defined by § 609.245, isn’t just a simple theft. It’s a robbery – the taking of property from another person or their presence by using or threatening the imminent use of force – that is made far more serious by specific “aggravating” factors. These factors significantly increase the potential penalties. Understanding the distinction between the two degrees of this offense is crucial if you’re facing “Minnesota aggravated robbery charges.”

First-Degree Aggravated Robbery (Minn. Stat. § 609.245, Subd. 1): This is the more severe charge. You can be charged with First-Degree Aggravated Robbery if, while committing a robbery, you are either:

1. Armed with a dangerous weapon OR any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon; OR
2. Inflict bodily harm upon another person.

Second-Degree Aggravated Robbery (Minn. Stat. § 609.245, Subd. 2): This charge applies if, while committing a robbery, you:

1. Imply, by word or act, possession of a dangerous weapon. This means you don’t necessarily have to show a weapon, but your words or actions lead the victim to believe you have one.

Essentially, an “aggravated robbery accusation” means the state believes you didn’t just steal something through force or threat, but that your actions involved a heightened level of danger or violence, either through the presence or suggestion of a weapon, or by actually causing physical injury. The intent for the underlying robbery – the intent to permanently deprive the owner of their property – must still be proven. Actions like brandishing a gun (or a realistic toy gun) during a holdup, injuring someone while snatching their belongings, or even just telling a victim you have a weapon in your pocket during a theft can all lead to these grave charges. “What is aggravated robbery in Minnesota” boils down to a robbery plus these dangerous elements, making it a violent felony with severe repercussions.

Minnesota Law on Aggravated Robbery — Straight from Statute § 609.245

The specific laws defining Aggravated Robbery in Minnesota, and the conduct that leads to these charges, are found in Minnesota Statute § 609.245. This statute clearly outlines what constitutes First-Degree and Second-Degree Aggravated Robbery. Understanding the precise legal language the prosecution will use against you is a critical first step in your defense.

Here is the exact language from the statute:

609.245 AGGRAVATED ROBBERY.

Subdivision 1.First degree. Whoever, while committing a robbery, is armed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is guilty of aggravated robbery in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.

Subd. 2.Second degree. Whoever, while committing a robbery, implies, by word or act, possession of a dangerous weapon, is guilty of aggravated robbery in the second degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.

As you can see, the statute differentiates between actually being armed or causing harm (First Degree) and implying you have a weapon (Second Degree), but both are extremely serious felony offenses.

Breaking Down the Legal Elements of Aggravated Robbery in Minnesota

To secure a conviction for Aggravated Robbery in Minnesota, the prosecution carries the immense burden of proving every single component of the charge beyond a reasonable doubt. This means they must establish the elements of the underlying robbery and the specific aggravating factor that elevates it to either first or second degree. My role as your defense attorney is to meticulously dissect each of these elements, searching for weaknesses, inconsistencies, and any failure by the state to meet its high burden of proof.

The Underlying Robbery

Before an act can be considered Aggravated Robbery, the state must first prove a robbery occurred. This involves demonstrating:

• Taking of Property: That you unlawfully took personal property from the person of another or in their presence. This means the property was on them or near them and under their control. The value of the property is generally irrelevant for the robbery charge itself.
• Force or Threat of Force: That the taking was accomplished by either actually using force against a person or by threatening the imminent (immediate) use of force. This force or threat must be what compelled the person to give up the property or allowed you to overcome their resistance.
• Intent to Permanently Deprive: That you had the specific intent to permanently deprive the owner of their property. This means you weren’t just borrowing it or taking it by mistake; your goal was to keep it from them for good.

Aggravating Factors for First-Degree Aggravated Robbery (§ 609.245, Subd. 1)

If the state proves a robbery occurred, they must then prove one of the following for a First-Degree conviction:

• Armed with a Dangerous Weapon OR Article Reasonably Believed to be a Dangerous Weapon:
  • A “dangerous weapon” can be a firearm (loaded or unloaded), a knife, a bludgeon, or any other device, instrument, material, or substance that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
  • Crucially, even if the item wasn’t actually a dangerous weapon (e.g., a realistic toy gun, a finger in a pocket shaped like a gun barrel), you can still be convicted if you used or fashioned an article in a way that led the victim to reasonably believe it was a dangerous weapon. The focus here is on the victim’s reasonable perception of danger.
• Infliction of Bodily Harm:
  • During the commission of the robbery, you caused “bodily harm” to another person. Bodily harm is defined as physical pain, injury, illness, or any impairment of physical condition. This can range from bruises and cuts to more serious injuries. The harm doesn’t need to be severe or “great bodily harm” for this element to be met; any level of bodily harm suffices.

Aggravating Factor for Second-Degree Aggravated Robbery (§ 609.245, Subd. 2)

For a Second-Degree conviction, the state must prove the underlying robbery and this specific aggravating factor:

• Implied Possession of a Dangerous Weapon:
  • While committing the robbery, you implied, either by your words or by your actions, that you were in possession of a dangerous weapon. For example, stating “I have a gun, give me your money” (even if no gun is seen) or keeping a hand menacingly in a pocket as if holding a weapon while making demands can satisfy this element. This is a lower threshold than actually being armed or the victim seeing something they believe is a weapon, but it still significantly elevates the crime from simple robbery.

Understanding these distinct elements is crucial because your defense will often focus on challenging the prosecution’s ability to prove one or more of them.

Penalties for an Aggravated Robbery Conviction in Minnesota Can Be Devastating

An Aggravated Robbery conviction in Minnesota is not something to take lightly; it carries some of the most severe and life-altering penalties within our state’s criminal justice system. These are serious felony offenses, and if a firearm was involved, you could be facing mandatory minimum prison sentences. The Minnesota Sentencing Guidelines, which judges use to determine sentences, call for significant prison time even for individuals with no prior criminal record. You need to be fully aware of the potential “penalties for aggravated robbery Minnesota.”

First-Degree Aggravated Robbery Penalties (Minn. Stat. § 609.245, Subd. 1)

If convicted of First-Degree Aggravated Robbery, the stakes are incredibly high:

• Maximum Prison Sentence: You face imprisonment for not more than 20 years.
• Maximum Fine: You could be ordered to pay a fine of not more than $35,000.
• Presumptive Prison Sentences under Minnesota Sentencing Guidelines: For a first-time offender with no criminal history score, the presumptive sentence for First-Degree Aggravated Robbery is typically around 48 months (4 years) in prison. This presumptive sentence increases significantly with any prior felony convictions.
• Mandatory Minimums for Firearm Involvement: If you are found to have possessed or used a firearm during the commission of First-Degree Aggravated Robbery, Minnesota law mandates a minimum prison sentence. For a first offense involving a firearm, this is typically 36 months (3 years). This minimum increases for subsequent offenses.

Second-Degree Aggravated Robbery Penalties (Minn. Stat. § 609.245, Subd. 2)

While still a very serious felony, Second-Degree Aggravated Robbery carries slightly less severe maximum penalties, but the consequences remain devastating:

• Maximum Prison Sentence: You face imprisonment for not more than 15 years.
• Maximum Fine: You could be ordered to pay a fine of not more than $30,000.
• Presumptive Prison Sentences: Even for Second-Degree Aggravated Robbery, the sentencing guidelines will often recommend a prison sentence, particularly if you have any prior convictions. For a first-time offender, probation might be a possibility but is by no means guaranteed and would require a strong argument for a downward departure from the guidelines. If a firearm was implied and the court believes a firearm was involved, firearm minimums could still be argued by the prosecution.

Other Significant Consequences of an Aggravated Robbery Conviction:

Beyond prison and fines, a conviction for either degree of Aggravated Robbery in Minnesota will also lead to:

• Lengthy Probation/Supervised Release: If you do avoid an initial prison sentence (more likely in some Second-Degree cases with no record) or after you are released from prison, you will be placed on a long period of strict supervised release or probation, with numerous conditions.
• Permanent Felony Record: This will impact your ability to find employment, housing, and educational opportunities for the rest of your life.
• Loss of Civil Rights: Convicted felons in Minnesota lose the right to vote (until the sentence is fully discharged), the right to serve on a jury, and crucially, the permanent loss of the right to possess firearms or ammunition.
• DNA Sample Requirement: You will be required to submit a DNA sample to be included in state and federal databases.
• Restitution: You will likely be ordered to pay restitution to the victim for any property loss or expenses incurred due to injury.
• No Contact Orders: The court will likely issue orders prohibiting you from having any contact with the victims.

The “Minnesota sentencing for § 609.245” is severe, reflecting the violent nature of the crime. Understanding these potential outcomes underscores the critical need for an aggressive and knowledgeable defense.

What Aggravated Robbery Looks Like in Real Life — Common Scenarios in Minnesota

Aggravated Robbery charges in Minnesota can arise from a wide variety of factual situations, each with its own unique details. While the legal definitions are precise, seeing how they play out in common scenarios can help you understand the kind of conduct that leads prosecutors in Hennepin County, Ramsey County, and across the state to file these serious charges. Remember, in each case, the state must prove not only the robbery but also the specific aggravating factor.

These are hypothetical examples to illustrate the statute. The specific facts of your case will determine how the law applies to you.

The Convenience Store Stick-Up in Minneapolis (First Degree)

Someone walks into a late-night convenience store in a Minneapolis neighborhood. They approach the counter, pull out what appears to be a handgun, and tell the clerk, “Empty the register and give me all the cash.” The terrified clerk complies. The person takes the money and flees. Even if the gun was a very realistic airsoft pistol, if the clerk reasonably believed it to be a dangerous weapon, this is a classic First-Degree Aggravated Robbery. If, during the robbery, the person shoved the clerk, causing them to fall and scrape their knee (bodily harm), that would be an independent basis for the First-Degree charge.

The Mugging with Injury in a St. Paul Park (First Degree)

An individual is walking through a park in St. Paul in the evening. Someone jumps out from behind a tree, demands their wallet and phone, and when the individual hesitates, punches them in the face, causing a bloody nose and a chipped tooth (bodily harm). The assailant then grabs the person’s belongings and runs off. Even if no weapon was ever seen, mentioned, or implied, the infliction of bodily harm during the commission of the robbery elevates the crime to First-Degree Aggravated Robbery.

The Carjacking where a Weapon is Claimed in Duluth (Second Degree)

A person is sitting in their car at a stoplight in a Duluth neighborhood. Someone approaches the driver’s side window, yanks the door open, and aggressively says, “Get out of the car now, I have a gun in my pocket, and I don’t want to use it!” The driver, fearing for their safety, exits the vehicle, and the assailant drives off. No weapon is ever displayed. However, the verbal statement claiming possession of a gun, combined with the aggressive act, clearly implies possession of a dangerous weapon. This scenario would likely lead to charges of Second-Degree Aggravated Robbery.

The Purse Snatching with a Threat in Rochester (Second Degree)

A woman is walking down a street in downtown Rochester, and someone suddenly tries to grab her purse from her shoulder. She holds on tightly. The assailant then snarls, “Let go of the bag, bitch, or I’ll stab you!” Frightened, she releases the purse, and the person escapes. No knife was ever seen. But the verbal threat to stab her strongly implies possession of a dangerous weapon (a knife). This would support a charge of Second-Degree Aggravated Robbery.

The “Fake Weapon” Robbery in a Bloomington Mall Store (First Degree)

An individual enters a retail store in a Bloomington mall. They approach the cash register, keeping one hand in their jacket pocket, pushing it forward to create a bulge that suggests a weapon. They tell the cashier, “This is a robbery. Give me all the money, or you’ll regret it.” The cashier, believing the person has a gun due to the bulge and the threat, complies. Even if the object in the pocket was just a cell phone or a similarly shaped item, if it was fashioned or used in a manner to lead the cashier to reasonably believe it was a dangerous weapon, this constitutes First-Degree Aggravated Robbery.

These scenarios demonstrate the different ways Minnesota Statute § 609.245 can be applied, highlighting the importance of scrutinizing every detail of the accusation against you.

Legal Defenses That Might Work Against Your Aggravated Robbery Charge

Being accused of Aggravated Robbery in Minnesota is an unimaginably stressful situation, and it can feel like the odds are stacked against you. But it is crucial to remember that an accusation is merely that – an allegation. The prosecution carries the entire burden of proving your guilt beyond a reasonable doubt, a very high legal standard. There are always other perspectives, potential flaws in the state’s evidence, and powerful legal defenses that can be asserted. My unwavering commitment as your attorney is to meticulously examine every facet of your case, challenge the prosecution’s narrative, and fight to protect your freedom and your future.

The State of Minnesota must prove every single element of Minnesota Statute § 609.245 – from the underlying robbery itself, to your identity as the person who committed it, and, critically, the specific aggravating circumstances that elevate the charge (the weapon, the infliction of harm, or the implication of a weapon). We will leave no stone unturned in our investigation and in building your defense strategy. Whether your case is in Minneapolis, St. Paul, Duluth, or any other part of Minnesota, a robust defense is your best weapon.

Mistaken Identity / Alibi: “It Wasn’t Me”

Eyewitness identification, especially in high-stress, fast-moving situations like a robbery, is notoriously prone to error. It’s entirely possible that you were wrongly identified as the perpetrator. Alternatively, you may have a solid alibi demonstrating that you were somewhere else when the crime occurred.

• Challenging Flawed Identification Procedures: Police lineups, photo arrays, or show-up identifications at the scene can be suggestive or improperly conducted, leading to a tainted and unreliable identification. We will scrutinize how any identification was made.
• Lack of Corroborating Scientific or Physical Evidence: The state’s case might hinge solely on a questionable eyewitness account without supporting evidence like fingerprints, DNA, surveillance footage clearly depicting you, or recovery of stolen property from your possession. This lack of corroboration can create significant doubt, especially if the identification is cross-racial or made under poor conditions.
• Presenting a Verifiable Alibi: If you were at a different location when the aggravated robbery took place, we will work to gather all evidence to support your alibi. This could include testimony from credible witnesses (friends, family, co-workers), receipts, GPS data from your phone or vehicle, work records, or surveillance footage from where you actually were in, for example, St. Cloud, Eagan, or Maple Grove.

No Underlying Robbery Occurred: Challenging the Core Offense

Aggravated robbery cannot exist without an underlying robbery. If the state cannot prove that a robbery – the taking of property by force or threat with intent to permanently deprive – actually happened, then the aggravated robbery charge must fail.

• No Force or Threat of Imminent Force Used: Perhaps property was taken, but it was done by stealth (like pickpocketing without the victim’s awareness) or trickery, which might constitute theft or larceny, but not robbery, as robbery requires force or the threat of imminent force. If there was no such force or threat to overcome resistance or compel acquiescence, it’s not a robbery.
• No Intent to Permanently Deprive: While more difficult to prove, there might be rare circumstances where property was taken without the specific intent to keep it permanently. Perhaps it was a prank gone wrong (though still illegal in other ways) or a misunderstanding over ownership that escalated, but the core intent for robbery was absent.
• Claim of Right (Limited Defense): In very specific and limited situations, if you had a good-faith belief that you were entitled to the specific property taken (e.g., retrieving your own stolen item), it might negate the “unlawful taking” aspect. However, using force to reclaim property is still fraught with legal peril and rarely a straightforward defense to robbery.

Challenging the “Dangerous Weapon” Element (Pertinent to Both First and Second Degree)

A significant portion of aggravated robbery cases revolves around the alleged weapon. Whether a weapon was truly present, reasonably perceived, or merely implied is often a hotly contested issue.

• Object Was Not a Dangerous Weapon / Victim’s Belief Was Unreasonable (First Degree): The item brandished might not meet the legal definition of a “dangerous weapon” (i.e., not calculated or likely to produce death or great bodily harm in the manner it was used). Or, if an ambiguous object was used, the victim’s belief that it was a dangerous weapon may not have been objectively reasonable under the circumstances. For example, if you gestured with a pen, a victim’s belief it was a gun might be deemed unreasonable by a jury.
• No Actual Weapon Possessed or Implied (Second Degree): For a Second-Degree charge, the state must prove you implied possession by word or act. We can argue that your words or actions were ambiguous, did not actually convey a threat of a dangerous weapon, or were misinterpreted by the alleged victim. A general demand for property, without more, may not be enough.
• Lack of Evidence of a Weapon: The police may never have recovered a weapon, and the only evidence of its existence or nature might be conflicting or uncorroborated testimony. This lack of physical evidence can be a significant weakness in the state’s case.

Self-Defense or Defense of Others (Specifically Regarding the “Bodily Harm” Element for First Degree)

If the First-Degree Aggravated Robbery charge is based on the infliction of bodily harm, the circumstances surrounding that harm are critical. While claiming self-defense during the commission of a robbery you initiated is extremely difficult, there might be scenarios where the alleged harm resulted from your lawful act of self-defense against an unprovoked attack, separate from or preceding any alleged robbery intent.

• Victim Was the Aggressor in the Physical Altercation: It’s possible that an encounter escalated, and the alleged victim initiated an unlawful physical attack, forcing you to use reasonable force to defend yourself. If the “robbery” was a misconstrued aspect of a mutual confrontation or an afterthought, this could be relevant.
• Force Used Was Proportionate and Necessary: If you were legitimately defending yourself or another person from an attack, the force you used must have been reasonable and proportionate to the threat you faced. Excessive force negates self-defense.
• Challenging Causation of Harm: The bodily harm alleged might not have been directly caused by your actions, or it may have been accidental or so minor as to not truly constitute “bodily harm” in a way that should elevate the offense.

These are just some examples of “defenses to aggravated robbery in Minnesota.” The best “how to fight aggravated robbery charges” strategy for your specific case in Brooklyn Park, Plymouth, or any Minnesota city will depend entirely on the unique facts and evidence involved.

Minnesota Aggravated Robbery FAQs — What You Need to Know Now

If you or a loved one is facing Aggravated Robbery charges in Minnesota, you are undoubtedly overwhelmed with questions and concerns. Here are answers to some of the most frequently asked questions I encounter:

What’s the difference between Robbery and Aggravated Robbery in Minnesota?

Simple Robbery is taking property from a person by force or threat of force. Aggravated Robbery includes that basic robbery element but adds an “aggravating” factor: being armed with a dangerous weapon (or what appears to be one), inflicting bodily harm (First Degree), or implying you have a dangerous weapon (Second Degree). The penalties for Aggravated Robbery are much more severe.

Is Aggravated Robbery always a felony in MN?

Yes, unequivocally. Both First-Degree and Second-Degree Aggravated Robbery are serious felony offenses in Minnesota, carrying the potential for lengthy prison sentences and lifelong consequences.

What does “armed with a dangerous weapon” mean for First-Degree Aggravated Robbery?

It means actually possessing a firearm (loaded or unloaded), knife, or any object that, by its design or how it’s used, is capable of causing death or great bodily harm. Importantly, it also includes possessing any item (even a toy or fake weapon) that is used or fashioned to make the victim reasonably believe it’s a dangerous weapon.

Can I be charged with First-Degree Aggravated Robbery if I used a fake gun in Minneapolis?

Yes. If you used a fake gun, a realistic toy gun, or even an object disguised as a gun, and the victim in Minneapolis reasonably believed it was a real dangerous weapon, you can absolutely be charged with and convicted of First-Degree Aggravated Robbery. The law focuses on the victim’s reasonable perception of danger.

What counts as “bodily harm” for First-Degree Aggravated Robbery?

Under Minnesota law, “bodily harm” means physical pain, injury, illness, or any impairment of physical condition. This can include relatively minor injuries like bruises, scrapes, or a black eye, as well as more serious injuries. It does not require “great” or “substantial” bodily harm for this element to be met.

What does “implies possession of a dangerous weapon” mean for Second-Degree in St. Paul?

For Second-Degree Aggravated Robbery, this means that through your words (e.g., “I have a gun, don’t make me use it”) or your actions (e.g., keeping a hand in a pocket in a way that suggests a weapon while making demands), you led the victim in St. Paul to believe you were armed, even if no weapon was ever actually seen.

Will I definitely go to prison if convicted of Aggravated Robbery in Minnesota?

There is a very high likelihood of a significant prison sentence upon conviction for Aggravated Robbery, especially for First Degree or if any firearm was involved (due to mandatory minimums and the Minnesota Sentencing Guidelines). While probation is theoretically possible in some very limited circumstances (usually for Second Degree with no record and strong mitigating factors arguing for a departure), prison is the presumptive sentence for these offenses.

Are there mandatory minimum sentences for Aggravated Robbery in MN?

Yes. Minnesota law imposes mandatory minimum prison sentences if a firearm was used or possessed during the commission of certain felonies, including Aggravated Robbery. For a first offense, this is typically three years (36 months) if a firearm is involved, and it increases for subsequent offenses.

What’s the maximum sentence for First-Degree Aggravated Robbery in Rochester?

The statutory maximum sentence for First-Degree Aggravated Robbery is imprisonment for not more than 20 years and/or a fine of not more than $35,000. This applies statewide, including in Rochester.

What’s the maximum sentence for Second-Degree Aggravated Robbery in Duluth?

The statutory maximum sentence for Second-Degree Aggravated Robbery is imprisonment for not more than 15 years and/or a fine of not more than $30,000. This applies statewide, including in Duluth.

Can Aggravated Robbery charges be dismissed?

Yes, it is possible for Aggravated Robbery charges to be dismissed. This can happen if there is insufficient evidence to proceed, if critical evidence was obtained through an unconstitutional search or seizure, if key witness testimony is discredited, or if a strong legal defense successfully challenges an essential element of the crime pretrial.

Do I need a lawyer for an Aggravated Robbery charge in Bloomington?

Absolutely, without question. Aggravated Robbery charges are among the most serious felonies you can face in Bloomington or anywhere in Minnesota. The potential penalties are severe, and the legal complexities are significant. You need skilled legal representation immediately to protect your rights and build your defense.

What if I was just the getaway driver in an aggravated robbery in Brooklyn Park?

Under Minnesota law, you can be charged and convicted as an accomplice (aiding and abetting) to Aggravated Robbery even if you were “just” the getaway driver in Brooklyn Park. If you intentionally aided, advised, or conspired with others to commit the crime, you face the same penalties as the person who directly committed the robbery.

How long does an Aggravated Robbery charge stay on my record in Minnesota?

A conviction for Aggravated Robbery is a felony that will remain on your Minnesota criminal record permanently. While expungement laws exist, it is exceptionally difficult to get a violent felony like Aggravated Robbery expunged. You should operate under the assumption it will be there for life.

What if they can’t find the weapon? Can I still be convicted in Plymouth?

Yes, you can still be convicted of Aggravated Robbery in Plymouth even if the weapon is never recovered. For Second-Degree, the crime is based on implying possession. For First-Degree, if the victim credibly testifies that you were armed or used an object they reasonably believed was a weapon, that testimony alone can be enough for a conviction, even without the physical weapon as evidence.

Can I claim I was intoxicated during the alleged aggravated robbery in Maple Grove?

Voluntary intoxication (from alcohol or drugs) is generally not a complete defense to criminal charges in Minnesota. However, in very rare and specific circumstances, if your level of intoxication was so extreme that it negated your ability to form the specific intent required for the underlying robbery (the intent to permanently deprive), it might be a partial defense that an attorney could explore. This is a very high bar to meet.

What are the Minnesota Sentencing Guidelines for Aggravated Robbery?

The Minnesota Sentencing Guidelines use a grid system based on the severity level of the offense (Aggravated Robbery is a high-severity offense) and your criminal history score. This grid provides a presumptive sentence (a range of months or a specific number) that judges are expected to follow unless there are substantial and compelling reasons for a “departure” (a sentence outside the presumptive range).

Can I get probation for Aggravated Robbery in St. Cloud?

It is very difficult to receive probation for a First-Degree Aggravated Robbery conviction in St. Cloud or anywhere in Minnesota, as prison is the presumptive sentence. For Second-Degree Aggravated Robbery, especially with no prior record, probation might be a possibility if your attorney can successfully argue for a “downward dispositional departure” from the sentencing guidelines. This requires presenting strong mitigating factors.

What if the victim wasn’t actually scared by the “weapon”?

For First-Degree Aggravated Robbery involving an article “fashioned to lead the victim to reasonably believe it to be a dangerous weapon,” the key is the victim’s reasonable belief, not necessarily their subjective level of fear (though fear often accompanies such a belief). For Second-Degree, it’s about whether your words or acts implied possession, regardless of the victim’s internal reaction, though their perception of a threat is relevant.

If I return the property, will the charges be dropped in Eagan?

Returning the stolen property after an Aggravated Robbery in Eagan is highly unlikely to result in the charges being dropped. The crime is completed once the robbery occurs. However, returning property (if done correctly through your attorney) might be considered a mitigating factor at the time of sentencing, but it does not erase the offense itself.

What an Aggravated Robbery Conviction Could Mean for the Rest of Your Life

A conviction for Aggravated Robbery under Minnesota Statute § 609.245 is not just a legal outcome; it’s a life-shattering event with devastating and permanent consequences that will follow you long after any prison sentence is served. The label of “convicted felon,” especially for a violent crime like this, will profoundly impact nearly every aspect of your existence. Understanding these “life after aggravated robbery conviction Minnesota” realities is crucial.

Decades Behind Bars: The Stark Reality of Prison Sentences

Let there be no misunderstanding: a conviction for Aggravated Robbery in Minnesota, particularly First-Degree or any case involving a firearm, almost certainly means a lengthy and harsh prison sentence. We are not talking about a few months in the county jail; we are talking about many years, potentially even decades, spent incarcerated within the Minnesota Department of Corrections. This means losing the prime years of your life, being forcibly separated from your family, children, and friends, and missing out on countless life milestones. The Minnesota Sentencing Guidelines are unforgiving for these offenses, and judges impose these sentences with regularity.

Permanent Felon Status and the Lifelong Loss of Fundamental Civil Rights

Upon conviction, you will be branded a permanent felon. This status carries with it the immediate and often irreversible loss of fundamental civil rights that most citizens take for granted. In Minnesota, this includes:

• Loss of Voting Rights: You will lose your right to vote until your entire sentence, including any probation or supervised release, is fully discharged.
• Inability to Serve on a Jury: You will be barred from serving on a jury.
• Permanent Loss of Firearm Rights: Under both Minnesota and federal law, a conviction for a violent felony like Aggravated Robbery results in the permanent, lifetime loss of your right to own, possess, or use any firearms or ammunition. Any subsequent possession can lead to new, serious felony charges.

Crippling Impact on Future Employment, Housing, and Educational Opportunities

The scarlet letter of a violent felony conviction will severely restrict your future prospects.

• Employment Barriers: Finding meaningful, well-paying employment after release from prison for Aggravated Robbery will be an immense struggle. Most employers conduct thorough background checks, and a conviction for such a serious, violent offense is often an automatic disqualifier for many jobs, relegating you to precarious, low-wage work, if you can find it at all.
• Housing Instability: Many landlords and property management companies in Minneapolis, St. Paul, and throughout Minnesota have policies against renting to individuals with violent felony convictions. This can make securing safe, stable housing a constant and demoralizing challenge.
• Educational and Professional Limitations: Opportunities for higher education or obtaining professional licenses may be significantly curtailed or entirely foreclosed.

Devastating Social Stigma and Irreparably Damaged Relationships

The social stigma attached to being a “convicted armed robber” is profound and pervasive. It can lead to ostracization within your community, the loss of friendships, and strained or broken family relationships. Reintegrating into society and rebuilding trust becomes an incredibly difficult, uphill battle. The psychological toll of this stigma, compounded by the trauma and isolation of incarceration, can be deeply damaging and last a lifetime. This “felony record consequences § 609.245 MN” reality is harsh.

Dire Immigration Consequences: Certain Deportation for Non-Citizens

If you are not a United States citizen (even if you are a lawful permanent resident or green card holder), a conviction for Aggravated Robbery carries catastrophic immigration consequences. Aggravated Robbery is considered an “aggravated felony” under federal immigration law. This means a conviction will almost certainly trigger deportation (removal) proceedings from the United States and result in a permanent bar from ever lawfully re-entering the country, regardless of how long you have lived here, your family ties, or your contributions to the community.

These are not possibilities; they are the harsh realities that follow an Aggravated Robbery conviction in Minnesota. Your entire future is on the line.

Why You Need a Tough, Experienced Minnesota Aggravated Robbery Attorney

When you are staring down the barrel of an Aggravated Robbery charge under Minnesota Statute § 609.245, the full force of the state is aligned against you. The prosecutors handling these cases in Hennepin County, Ramsey County, and across Minnesota are experienced, well-resourced, and absolutely determined to secure a conviction for such a serious violent crime. You cannot afford to face this onslaught alone or with inexperienced counsel. You need a defense attorney who is equally tough, profoundly experienced in high-stakes felony litigation, and wholly committed to fighting for your life and liberty.

Facing a Determined Prosecutor and the Power of the State: You Need an Equal and Opposite Force

Prosecutors view Aggravated Robbery as one of the most egregious offenses, and they will leverage every available resource to build their case and pursue the maximum possible penalties. They have police investigators, crime labs, and the entire state apparatus at their disposal. To stand a chance, you need a “Minnesota aggravated robbery defense attorney” who is not intimidated, who has a proven history of confronting the state’s power, and who will act as your unwavering shield and formidable advocate. I am prepared to meet their aggression with even greater strategic acumen and relentless dedication to your defense, challenging them at every critical juncture of your case.

Dissecting Complex Evidence, Uncovering Police Missteps, and Exposing All Weaknesses in the State’s Case

Aggravated Robbery cases are rarely simple. They often involve a complex interplay of eyewitness accounts (which can be unreliable), forensic evidence (or a critical lack thereof), intricate details about alleged weapons or injuries, surveillance footage that may be grainy or ambiguous, and lengthy police reports that need to be scrutinized for errors, omissions, and constitutional violations. I have extensive experience in meticulously analyzing every shred of the prosecution’s purported evidence, identifying inconsistencies, challenging faulty forensic science, exposing suggestive identification procedures, and pinpointing any violations of your Fourth, Fifth, or Sixth Amendment rights by law enforcement in Minneapolis, St. Paul, or any Minnesota jurisdiction. These weaknesses, once exposed, can become the cornerstone of a powerful defense.

Navigating High-Stakes Negotiations and the Labyrinth of Minnesota’s Sentencing Guidelines

While my primary objective is always to achieve an outright acquittal or a full dismissal of the charges, the stark realities of the evidence in some cases may necessitate strategic and highly skilled negotiation. Aggravated Robbery convictions come with severe presumptive sentences under the Minnesota Sentencing Guidelines, and the spectre of mandatory minimums for firearm involvement looms large. Understanding the intricate workings of these guidelines, identifying grounds for potential downward departures (arguing for a lesser sentence), and skillfully negotiating with seasoned prosecutors for reduced charges or more favorable sentencing recommendations is a critical skill. I am adept at these high-pressure negotiations, always with the goal of minimizing the devastating, life-altering impact these charges can have, knowing that every decision can mean years of difference in potential prison time. This is vital whether your case is in Duluth, Rochester, or the Twin Cities metro.

Trial-Tested Advocacy When Your Freedom and Entire Future Hang in the Balance

If the best path forward is to take your case to trial, you need an attorney who is not just willing, but eager and exceptionally prepared to battle it out in the courtroom. You need a trial lawyer who can command the respect of the judge and jury, who can artfully cross-examine police officers, alleged victims, and expert witnesses to expose inconsistencies and biases, and who can weave together a compelling narrative of your defense that resonates with jurors. I have a proven track record of taking the most serious felony cases, including Aggravated Robberies, to trial and fighting relentlessly for my clients’ freedom. From meticulous pretrial preparation and strategic jury selection to powerful opening statements, incisive cross-examinations, and persuasive closing arguments, every action will be laser-focused on achieving the only acceptable outcome: a “not guilty” verdict. This unwavering commitment to courtroom excellence extends to clients I represent throughout Minnesota, including in St. Cloud, Eagan, Bloomington, Brooklyn Park, Plymouth, and Maple Grove. Your future is on the line; my fight is for you.