Is Robbery a Felony or a Misdemeanor?

Are you or a loved one facing a robbery allegation in Pennsylvania? If so, it is imperative that you understand that this is a felony criminal offense. A conviction can carry very serious prison time. Here, our Harrisburg criminal defense lawyer discusses robbery in Pennsylvania.

Robbery is a Felony in Pennsylvania

Under Pennsylvania law (18 Pa. Cons. Stat. § 3701), all robbery offenses are felonies. The specific degree of felony (first, second, or third degree) depends on the level of force or threat used during the commission of the theft. Here is an overview:

• First-Degree Felony: If the defendant causes or attempts to cause serious bodily injury, the offense is a first-degree felony, punishable by up to 20 years in prison.
• Second-Degree Felony: If the defendant threatens serious bodily injury or commits certain felonies in the course of the theft, it is a second-degree felony, with a penalty of up to 10 years in prison.
• Third-Degree Felony: If the defendant uses minimal physical force (such as grabbing property from someone’s hand), the offense is a third-degree felony, punishable by up to 7 years in prison.

There is no misdemeanor version of robbery under Pennsylvania law. If you were arrested for a robbery charge in Pennsylvania, it means that you are facing a felony criminal offense.

Innocent Until Proven Guilty: Robbery Defenses

An arrest is an allegation. Any person charged with robbery in Pennsylvania is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt. You have the right to raise a strong, zealous defense. Common defenses against felony robbery charges include:

• Mistaken Identity: You can argue that you were not the person who committed the robbery. Eyewitness misidentification is a frequent issue in robbery cases, especially when the suspect was masked or the scene was chaotic.
• Lack of Intent to Commit Theft: Remember, robbery requires proof of intent to steal. If the defendant’s actions involved no intent to deprive someone of property. The charge may be reduced or dismissed without this element.
• No Use or Threat of Force: If the prosecution cannot prove that force, intimidation, or threat of immediate serious harm occurred during the theft, then robbery may not apply. Of course, another lesser theft charge might still apply.
• False Accusation: You may assert that they were falsely accused, often due to a dispute, retaliation, or confusion. In such cases, alibi evidence, witness testimony, or surveillance footage may be critical.
• Insufficient Evidence: Evidence matters. Your defense team may challenge the strength or credibility of the prosecution’s evidence. If key facts are missing or unreliable, the state may not meet its burden of proof.
• Constitutional Violations: If law enforcement obtained evidence through an unlawful search, seizure, or interrogation (e.g., Miranda violations), that evidence may be excluded. That could weaken the case to the point that the robbery charges need to be dropped.

Speak to Our Robbery Defense Attorney Today

At The Hoover Firm, LLC, our Harrisburg robbery defense attorney has the experience that you can trust in even difficult cases. If you are facing a felony robbery charge, please do not hesitate to contact us for a completely private, no-obligation case review. With an office in Harrisburg, we defend felony and misdemeanor criminal charges throughout all of Central Pennsylvania.