If you face robbery charges in Cincinnati, the decisions you make now will significantly impact your future. Robbery is a serious felony that carries substantial prison time, fines, and lasting consequences for your employment, housing, and civil rights. At Moermond & Mulligan, LLC, we understand the gravity of your situation and provide aggressive criminal defense representation to protect your rights and pursue the best possible outcome.
Call (513) 421-9790 or contact us online to schedule your free consultation. We’re available 24/7 to serve clients throughout Cincinnati, Hamilton County, and Ohio.
Understanding Robbery Charges in Ohio
Robbery under Ohio law is defined in ORC § 2911.02 as taking property from another person by force, threat of force, or intimidation. Unlike theft, which involves taking property without the owner’s knowledge or consent, robbery requires direct confrontation and the use or threat of force. This critical distinction shapes how prosecutors build their case and how we construct your defense.
Ohio recognizes two levels of robbery charges:
Second Degree Robbery
Robbery in the second degree occurs when you take property from another person using force or threat of force. This is typically charged when a weapon is involved or when the victim suffers injury. Second-degree robbery is a felony that carries serious penalties.
First Degree Robbery
Robbery in the first degree, also called aggravated robbery, involves taking property while armed with a deadly weapon or causing serious bodily injury to the victim. This is the most serious robbery charge and carries the harshest penalties under Ohio law.
Prosecutors must prove several legal elements beyond a reasonable doubt to secure a robbery conviction. They must establish that:
- you took property belonging to another person,
- you used force or threat of force,
- you acted with the intent to permanently deprive the owner of the property, and
- the victim was aware of the taking.
Each element presents opportunities for an effective defense strategy.
Is Robbery the Same as Burglary?
No! Many people confuse robbery and burglary, but these are distinct crimes under Ohio law. Burglary involves unlawfully entering a building or structure with the intent to commit a crime inside. Robbery, by contrast, involves taking property directly from a person through force or threat of force. The key difference: robbery requires confrontation with the victim, while burglary does not.
The Distinction
This distinction matters significantly for your defense. If you’ve been charged with robbery but the evidence shows you entered a location without confronting anyone, a burglary charge may be more appropriate—and potentially carries different sentencing guidelines. Conversely, if you’re charged with burglary but the prosecution can prove you confronted and threatened a victim, they may attempt to upgrade charges to robbery. Understanding these differences allows us to challenge improper charges and negotiate more favorable outcomes.
Robbery Penalties and Sentencing in Ohio
The consequences of a robbery conviction extend far beyond prison time. Understanding the full scope of penalties helps illustrate why aggressive defense is essential.
Prison and Fines
Second-degree felony robbery carries a prison sentence of 2 to 8 years, with the possibility of additional fines up to $15,000. First-degree felony robbery (aggravated robbery) carries a prison sentence of 3 to 11 years, with fines up to $20,000. Ohio law also imposes mandatory minimum sentences in certain circumstances, particularly when weapons are involved or when the victim suffers serious injury.
Collateral Consequences
Beyond incarceration and fines, a robbery conviction creates collateral consequences that affect your life long after you leave prison.
A felony conviction restricts your employment opportunities—many employers conduct background checks and refuse to hire individuals with robbery convictions. Getting housing can become difficult, as landlords often deny rental applications to people with felony records. You lose certain civil rights, including the right to vote and possess firearms. Professional licenses in fields like healthcare, education, and law are permanently revoked. Student financial aid becomes unavailable. These collateral consequences often prove more damaging than the sentence itself.
Defense Strategies for Robbery Charges
An effective robbery defense challenges the prosecution’s evidence and the elements they must prove. Our approach includes:
Challenging eyewitness identification
Eyewitness testimony is often unreliable. Stress, poor lighting, and the brief nature of robbery incidents all contribute to misidentification. We examine the circumstances of the identification, cross-examine witnesses about their certainty, and present expert testimony on the fallibility of eyewitness memory when appropriate.
Questioning evidence collection and the chain of custody
Physical evidence must be properly collected, documented, and preserved. We scrutinize how police handled evidence, whether proper procedures were followed, and whether the chain of custody was maintained. Violations can render evidence inadmissible.
Examining surveillance footage and forensic evidence
Video footage can be grainy, inconclusive, or subject to interpretation. We retain experts to analyze surveillance video, DNA evidence, fingerprints, and other forensic evidence. Often, this evidence is less conclusive than prosecutors suggest.
Mistaken identity defenses
If you were misidentified as the perpetrator, we present evidence of your actual whereabouts at the time of the robbery. Alibi witnesses, cell phone records, and surveillance footage from other locations can establish your innocence.
Lack of intent or force element
Some robbery charges fail because the prosecution cannot prove you used force or threat of force. If the victim gave up property voluntarily without perceiving a threat, the charge may not meet the legal definition of robbery.
Alibi and witness testimony
Character witnesses and individuals who can testify to your whereabouts at the time of the alleged robbery strengthen your defense significantly.
Why Choose Moermond & Mulligan, LLC for Your Robbery Defense
Patrick Mulligan, Esq., and Brad Moermond bring extensive experience defending individuals charged with robbery and other serious felonies in Cincinnati and throughout Ohio. Their approach combines thorough investigation, aggressive courtroom representation, and a commitment to protecting your rights at every stage of the criminal process.
Investigation
Our firm conducts independent investigations into robbery allegations, examining police procedures, interviewing witnesses, and analyzing evidence. We don’t rely solely on the prosecution’s version of events. We challenge weak evidence, file motions to suppress illegally obtained evidence, and negotiate with prosecutors from a position of strength. View our case results to see how we’ve helped clients facing serious charges.
Experience
We understand the Cincinnati criminal justice system and the judges and prosecutors you’ll face. This local knowledge allows us to develop strategies tailored to your specific case and circumstances. We’re available 24/7 to answer your questions and provide guidance during this difficult time.
Frequently Asked Questions About Robbery Charges
Check out our Ohio robbery FAQs. For more answers and details about your specific case, call (513) 421-9790 or fill out our form for a free consultation.
What's the difference between robbery and burglary?
Robbery involves taking property directly from a person through force or threat of force. Burglary involves unlawfully entering a building with the intent to commit a crime. Robbery requires confrontation; burglary does not. The distinction between robbery and burglary affects charges, penalties, and defense strategies.
Can robbery charges be reduced or dismissed?
Yes. Charges can be reduced if the evidence is insufficient, if the police violated your rights, or if prosecutors agree to negotiate. Charges may be dismissed if the prosecution cannot prove all elements beyond a reasonable doubt. We explore every avenue to reduce or eliminate charges.
What should I do if arrested for robbery?
Exercise your right to remain silent. Do not answer police questions without an attorney present. Request an attorney immediately. Contact Moermond & Mulligan, LLC as soon as possible. The decisions you make in the first hours after arrest significantly impact your case. Learn more about what to do immediately after an arrest.
How long does a robbery case typically take?
Timeline varies based on case complexity, court schedules, and whether the case goes to trial. Misdemeanor cases may resolve in months; felony cases often take 6 months to over a year. We keep you informed throughout the process.
What are my rights during police questioning?
You have the right to remain silent and the right to an attorney. Police must inform you of these rights (Miranda rights) before custodial questioning. You can invoke these rights at any time. Never answer questions without your attorney present.
Contact Our Cincinnati Robbery Defense Attorney Today
If you face robbery charges in Cincinnati, contact Moermond & Mulligan, LLC immediately. We offer a free consultation to discuss your case, answer your questions, and explain your options. The sooner you secure experienced legal representation, the better we can protect your rights and pursue the best possible outcome.
Call (513) 421-9790 or contact us online to schedule your free consultation. We’re available 24/7 to serve clients throughout Cincinnati and Hamilton County.
Last Updated: 04-27-2026