Robbery and Armed Robbery defense attorneys - Wis. Stat. 943.32
Robbery charges are serious. Contact the Milwaukee criminal defense attorneys at Van Severen Law Office, S.C. for help.
Robbery and armed robbery charges are serious criminal situations that deserve involvement from some of the best criminal defense attorneys in Wisconsin. At Van Severen Law Office, S.C. we regularly represent individuals fighting these charges. We have a significant amount of experience filing pre-trial motions, negotiating excellent resolutions to criminal cases, and fighting for our clients at trial. Van Severen Law Office is a criminal defense firm, and we dedicate 100% of our resources to representing criminal defendants throughout Wisconsin. If you’re looking for a criminal defense specialist, we’re confident that one of our defense attorneys will be a great match.
Contact us at (414) 270-0202 to get started. We think that the earlier we get involved in the case, the better. We’d prefer to be the ones at your initial appearance making a bail argument, handling the preliminary hearing, and proceeding from there. Cleaning up the mess another criminal defense attorney or public defender made simply wastes your time and makes your case more difficult. You’ll reach a human at our firm 24/7/365, so contact us now.
What is the definition of robbery? Section 943.32 of the Wisconsin Statutes:
Section 943.32 of the Wisconsin Statutes defines robbery. That statute indicates:
(1) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class E felony:
(a) By using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying away of the property; or
(b) By threatening the imminent use of force against the person of the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of the property.
We’ll discuss armed robbery later, but you’ll quickly notice that the base robbery offense doesn’t require the use of dangerous weapons. Grabbing an item from someone and simply taking it isn’t just misdemeanor theft. It’s robbery. And robbery is a Class E felony, punishable by up to 15 years in prison, $50,000.00 in fines, or both. That 15 year prison sentence breaks down into 10 years initial confinement followed by 5 years extended supervision. No presumptive or mandatory minimum sentencing requirements apply to this charge.
Wisconsin Criminal Jury Instruction 1479 – Robbery by use or threat of force provides the elements of this offense:
When preparing a criminal case for trial, one of the first places our Milwaukee criminal defense attorneys start is by reviewing the elements of the criminal offense they’re working with. Robbery is no exception. Elements are parts of a crime and they’re important because they’re the things that the government must prove beyond a reasonable doubt. If they fail, you cannot be convicted of the crime. In many cases our trial strategy will revolve around arguing about the elements.
Firstly, the victim was the owner of property; and
Secondly, the defendant took and carried away the property of the person or from the presence of the person; and
Thirdly, the defendant took the property with the intent to steal; and
Finally, the defendant acted forcibly (or with threat of force).
These elements are relatively straightforward, but let’s consider the definitions of a few important words.
What do forcibly, imminent, and owner mean?
Sometimes words used in statutes and jury instructions are the same as normal life. And in other circumstances, they take on slightly different meanings. Jury instructions frequently also include definitions, and we found these in Wisconsin Criminal Jury Instruction 1479, the same place that listed the elements of this crime.
Forcibly means that the defendant actually used force against the victim, with the intent to overcome or prevent his physical resistance or physical power of resistance to the taking or carrying away of the property. Alternatively it means the defendant threatened the imminent use of force against the victim with the intent to compel victim to submit to the taking or carrying away of the property. Importantly, being “armed” and acting “forcibly” are two different concepts.
Imminent means “near at hand” or “on the point of happening.”
And owner should be the easy one, right? Not so fast. Sometimes clients get hung up on the definition of owner. The property involved in robbery cases isn’t always something that is legally owned by the victim. For example, I may be in possession of a cell phone for work. I don’t own this cell phone, I simply possess it. But for the purposes here, I am an owner. The word simply means “a person in possession of the property.”
Robbery and armed robbery are both serious criminal offenses in Wisconsin. Both can result in significant prison sentences. Contact Van Severen Law Office, S.C. at (414) 270-0202 to discuss your case with any of our Milwaukee criminal defense attorneys.
Armed robbery: what’s the difference?
Armed robbery falls within a different subsection of 943.32. Section 943.32(2) of the Wisconsin Statutes indicates the following:
(2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class C felony.
As a reminder, “sub. (1)” says the following: Whoever, with intent to steal, takes property from the person or presence of the owner …
In other words, “armed robbery” is based on the “robbery” statute, but requires that the defendant used a dangerous weapon, pepper spray (that’s the section 941.26(4)(a) reference), or any weapon or device created to appear to be a dangerous weapon. Stealing an iPhone from the victim after physically grabbing him is a robbery. Pointing a gun at the victim and stealing his iPhone is armed robbery.
Armed robbery is a Class C felony, meaning it’s punishable by up to 40 years in prison, $100,000.00 in fines, or both. Importantly, that 40 year prison sentence breaks down into 25 years initial confinement followed by 15 years extended supervision.
Wisconsin Criminal Jury Instruction 1480 – Armed robbery by use or threat of use of a dangerous weapon.
Firstly, the victim was the owner or property; and
Secondly, the defendant took and carried away property from the person or from the presence of victim; and
Thirdly, the defendant took the property with intent to steal; and
Fourthly, the defendant acted forcibly; and
Finally, at the time of the taking or carrying away, the defendant used or threatened to use a dangerous weapon.
As we saw with the statute itself, armed robbery and robbery are very similar charges, with armed robbery including the use of (or threat of use of) a dangerous weapon.
What’s a dangerous weapon? The jury instruction provides us this information. A “dangerous weapon” is any firearm, whether loaded or unloaded, any device designed as a weapon and capable of producing death or great bodily harm, or any device or instrumentality which in the manner it is used or intended to be used is likely to produce death or great bodily harm.
How do we win my robbery case?
We will talk about that at your initial consultation. We need to go through the facts and figure out the strengths and the weaknesses of your case. Once that’s figured out we can determine if there are any motion issues, if you’d like to negotiate a plea, or if you’d like to take your case through a jury trial.
It’s important that your criminal defense attorney keep on top of evolving criminal law. Robbery law, like most criminal laws, are constantly evolving. State v. Moseley, 102 Wis. 2d 636, 307 N.W.2d 200 (1981) clarified that a person satisfies the definition of “owner” if the possession is “actual or constructive.” In Moseley, employees of a restaurant were all held to be the owners of the restaurant’s money, which was kept in an office desk, because all of them had dominion and control over it. The case also involved jewelry and a purse that sat on an office shelf. Since that jewelry and purse only had one true owner (the owner was the only person with control or interest in the property), robbery had only been committed to one individual. Regarding the money, all employees qualified as owners.
Wisconsin courts have held that carrying away is required for a taking to constitute robbery. In State v. Johnson, the Wisconsin Supreme Court reversed a conviction where the defendant never moved the automobile he was accused of robbing. It’s not robbery if the thing wasn’t actually moved.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. We represent individuals throughout the entire state.
Our law firm has consistently grown to help defendants in criminal cases throughout Wisconsin. We’ve satellite offices in various counties that help us to achieve these goals. Whether you’re seeking representation in Milwaukee County, or as far away as Marathon County, Brown County, or even Dane County, we can help.
Contact us at (414) 270-0202 to get started. We offer free initial consultations to potential clients.
