Utah Robbery Criminal Defense Attorney

Robbery Lawyer in Salt Lake City

Brent Smith and Associates are very Knowledgeable Utah Robbery Attorneys.

Robbery cases in Utah require an experienced attorney. Call us now at 801-364-6454. We’re available 24/7 and will talk to you now or return your call very quickly. We have handled thousands of cases, and we will fight very hard to get justice and to preserve your rights.

Utah Code section 76-6-301(1)(a) defines robbery as the taking of "personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property." Robbery is a second degree felony.

So, next time you go to grab a set of car keys from somebody, you’d better think twice. Word to the wise: never use force, or the threat of force, to take something away from another person. Calling the police is likely the better option.

Perhaps the most important element of the robbery is the "‘force’ or ‘fear’" clause. You may be surprised to learn what the Utah Supreme Court has found constitutes force or fear for the purpose of robbery.

Imagine two teenagers at the mall. One kid takes the other’s sunglasses and cell phone, and won’t return it to him after several requests. The two kids agree to "slap box" for the items, when one of the kids clenches his fist and hits the other in the head, and walks off. These were the facts in the case of State in the Interest of D.B., 925 P.2d 178 (Utah Ct. Apps. 1996). The Court declined to follow the "transactional approach", and held that the ‘"force or fear" in robbery need not be in the act of taking of the property, but rather in accomplishing the taking of the property either prior to its taking or in its completion.

Amazing. Kids actually made into felons for simple slap fighting.

Consider another more recent case of State v. Phillips, 2006 UT App 211. Defendant Phillips had taken compact discs from a library when a security guard approached him. Phillips responded "I have a knife" and displayed a knife hidden in his sleeve. The security guard feared for his life, and the court held that by flashing the knife during his attempted escape, Phillips used the fear of force in the immediate flight after his theft. Additionally, he was guilty of aggravated robbery since he used a dangerous weapon in the course of committing a robbery.

If a person is accused of a simple retail theft and struggles with the security guard, that could be enough to trigger this felony.

In the case of State v. Bloomfield, 63 P.3d 110, the element of robbery at issue was the clause requiring the robber to act with the purpose of depriving another permanently or temporarily of personal property.

The court held that the element of depriving another of their property was satisfied when, after Defendant’s friend had assaulted the victim to the point of unconsciousness, Bloomfield ripped the victim’s eyebrow ring from his face and threw it at him.

"A person commits aggravated robbery if in the course of committing robbery, he: (a) uses or threatens the use of a dangerous weapon as defined in Section 76-1-601; (b) causes serious bodily injury upon another; or (c) takes or attempts to take an operable motor vehicle." Id. § 76-6-302(1). Aggravated robbery is a first degree felony.

If you have been accused of robbery, you need an experienced attorney. Please call us now at 801-364-6454.