Facing Robbery Charges in Delaware? Understand Your Legal Defense

Robbery is a serious felony in any state, and in Delaware, it carries significant legal consequences for those convicted. Unlike simple theft, robbery involves the use or threat of force, elevating it to a violent crime with substantial prison sentences, hefty fines, and a permanent mark on one's record. For victims, it can be a terrifying and traumatic experience, with avenues for support and compensation available through the state.

This article aims to demystify robbery charges in Delaware, providing crucial information for anyone facing accusation or who has been a victim of this crime. Understanding the nuances of Delaware law, potential penalties, and the steps to take can make a critical difference in navigating the legal system effectively.

Understanding Robbery Charges in Delaware

Delaware law defines robbery under Title 11, Chapter 5, Subchapter II of the Delaware Code. The severity of the charge depends primarily on the circumstances surrounding the incident, specifically whether aggravating factors were present. There are two main degrees of robbery:

Robbery in the Second Degree (11 Del. C. § 831)

This is the baseline robbery charge in Delaware. A person is guilty of Robbery in the Second Degree when, in the course of committing a theft, they use or threaten the immediate use of force upon another person with the intent to:

• 🗣️ Prevent or overcome resistance to the taking of the property or to the retention thereof immediately after the taking; or
• 🤕 Compel the owner of such property or another person to deliver up the property or to engage in other conduct which aids in the commission of the theft.

Essentially, if you take property from someone using any degree of force or by threatening force, you could be charged with Robbery in the Second Degree. This is classified as a Class D Felony in Delaware.

Robbery in the First Degree (11 Del. C. § 832)

Robbery in the First Degree is a more serious charge, carrying much stiffer penalties. A person is guilty of Robbery in the First Degree when they commit Robbery in the Second Degree AND any of the following aggravating factors are present:

• 🔪 In the course of the commission of the robbery or immediate flight therefrom, the person is armed with a deadly weapon; or
• 🤕 In the course of the commission of the robbery or immediate flight therefrom, the person causes physical injury to any person who is not a participant in the crime; or
• 🤝 In the course of the commission of the robbery or immediate flight therefrom, the person is aided by an accomplice actually present; or
• 🔫 In the course of the commission of the robbery or immediate flight therefrom, the person displays what appears to be a deadly weapon.

This charge is a Class B Felony in Delaware, one of the most serious felony classifications, and often carries mandatory minimum sentences.

Hypothetical Scenarios: Robbery in Delaware

To better illustrate the distinction between these charges, consider these hypothetical, yet typical, scenarios:

Scenario 1: Second Degree Robbery

Case: A person, "Alex," approaches "Brenda" on a street corner, shoves her lightly to knock her off balance, and snatches her purse from her shoulder before fleeing. Alex did not display a weapon, nor did Brenda sustain any significant injury beyond being startled.
Legal Outcome: Alex would likely be charged with Robbery in the Second Degree. The act of shoving Brenda, even lightly, constitutes the use of force to overcome resistance and take the property.

Scenario 2: First Degree Robbery (with a weapon)

Case: "Chris" enters a convenience store, approaches the counter, and pulls out a switchblade knife, pointing it at the cashier, "David." Chris demands money from the register, and David, fearing for his life, complies. Chris then flees with the cash.
Legal Outcome: Chris would almost certainly be charged with Robbery in the First Degree. Displaying a deadly weapon (the switchblade) during the commission of the theft elevates the crime to the first degree.

Scenario 3: First Degree Robbery (with an accomplice)

Case: "Emily" and "Frank" plan to rob a small electronics store. While Emily distracts the lone clerk, "Grace," Frank goes behind the counter and forcibly takes several expensive items. Frank shoves Grace aside when she tries to intervene, causing her to fall and scrape her knee. Emily and Frank then flee together.
Legal Outcome: Both Emily and Frank would be charged with Robbery in the First Degree. Frank's use of force and Emily's active role as an accomplice "actually present" during the commission of the robbery are key factors. Even without a weapon, the presence of an accomplice and the physical injury to Grace (even minor) are aggravating factors that elevate it to first degree.

Consequences of a Robbery Conviction in Delaware

A conviction for robbery in Delaware carries severe penalties that can permanently alter a person's life:

• ⛓️ Prison Time:
  • Robbery in the Second Degree (Class D Felony): Sentences can range from probation to up to 8 years in prison.
  • Robbery in the First Degree (Class B Felony): Sentences can range from 2 years to 25 years in prison, often with mandatory minimum sentences, especially if certain aggravating factors (like a deadly weapon) are involved. Repeat offenders face even harsher penalties.
• 💰 Fines & Restitution: Courts can impose substantial fines, in addition to ordering restitution. Restitution requires the convicted individual to compensate the victim for financial losses directly related to the crime, such as stolen property, medical bills, or lost wages.
• 📜 Permanent Criminal Record: A felony conviction for robbery will appear on background checks indefinitely, impacting future employment, housing, and educational opportunities.
• 🚫 Collateral Consequences: Beyond direct penalties, a felony conviction can lead to the loss of voting rights, the right to own firearms, difficulty obtaining professional licenses, and social stigma.

Key Defenses Against Robbery Charges

Facing a robbery charge is daunting, but an experienced criminal defense attorney can explore various legal strategies:

• 🧠 Lack of Intent: The prosecution must prove you intended to commit theft and use force. If this intent cannot be proven, the charge may be reduced or dismissed.
• 🕵️‍♀️ Mistaken Identity: Eyewitness identification can be unreliable. An alibi or evidence that someone else committed the crime can be a strong defense.
• ⏰ Alibi: If you can provide verifiable proof that you were elsewhere at the time the robbery occurred, this can dismantle the prosecution's case.
• 胁迫 Duress: In rare cases, if you were forced to commit the robbery under immediate threat of serious harm to yourself or others, a duress defense might be applicable.
• ⚖️ Claim of Right: Extremely limited and specific, this defense argues you genuinely believed you were retrieving your own property. This is highly complex and rarely successful without strong, clear evidence.

If You Are Accused of Robbery in Delaware

If you find yourself under investigation or arrested for robbery, your immediate actions are critical and will significantly impact the outcome of your case. Your priority must be to protect your rights and future.

Immediate Steps to Take

1. ⛔️ Do Not Resist Arrest: Even if you believe the arrest is unjust, resisting can lead to additional charges and escalate the situation. Cooperate physically, but remain silent.
2. 🗣️ Exercise Your Right to Remain Silent: You have the constitutional right not to answer questions from law enforcement. Politely state, "I wish to remain silent and would like to speak with an attorney." Do not elaborate or try to explain your situation. Anything you say can and will be used against you.
3. 📞 Contact an Attorney Immediately: This is the single most important step. A criminal defense attorney can intervene on your behalf, advise you on your rights, and begin building your defense from the earliest possible moment. They can often prevent you from making self-incriminating statements during interrogation.
4. 🚫 Do Not Discuss Your Case with Anyone Else: Avoid talking about your arrest or the details of the incident with friends, family, or cellmates. These conversations are not protected by attorney-client privilege and could be used as evidence against you.

Common Mistakes to Avoid

• 💬 Providing a Statement Without Legal Counsel: Police officers are trained to gather information. Even seemingly innocent statements can be misconstrued or used to support the prosecution's case. Always have an attorney present before answering any questions.
• 🤝 Trying to "Explain" Your Way Out: Many people believe they can clarify misunderstandings with law enforcement. This almost always backfires. Your "explanation" can inadvertently provide police with more evidence or create inconsistencies they can exploit.
• ⏱️ Delaying Legal Consultation: The sooner an attorney is involved, the better. Evidence can be gathered, witnesses interviewed, and legal strategies developed while the facts are fresh. Delaying can result in lost opportunities for your defense.

For Victims of Robbery in Delaware

If you have been a victim of robbery, your safety and well-being are paramount. The experience can be traumatic, and there are resources available to help you.

Immediate Actions After a Robbery

1. 🛡️ Prioritize Your Safety: Once the immediate danger has passed, move to a safe location. If the robber is still present, do not try to engage or pursue them unless you are trained and feel it is safe to do so.
2. 🚨 Report to the Police: Contact 911 immediately. Provide as much detail as you can recall about the perpetrator(s), any weapons, the direction of escape, and what was stolen. Do not disturb the scene more than necessary.
3. 📞 Seek Medical Attention if Needed: If you sustained any physical injuries, no matter how minor, seek medical evaluation. Documenting injuries is important for your health and potentially for legal proceedings.
4. ⚖️ Cooperate with Law Enforcement: Provide a detailed statement to the police. Your testimony is crucial for the investigation and prosecution of the perpetrator.

Understanding Victim Compensation & Restitution

Delaware offers avenues for victims to recover from the financial impact of a robbery:

The Delaware Victims' Compensation Fund

The Delaware Victims' Compensation Fund (VCF) provides financial assistance to eligible victims of violent crimes, including robbery. This fund helps alleviate financial burdens directly resulting from the crime. It is not dependent on the perpetrator being caught or convicted.

• What it Covers:
  • 🏥 Medical Expenses: Costs for treatment of physical injuries.
  • 🧠 Mental Health Counseling: Therapy and counseling services to address emotional trauma.
  • 💸 Lost Wages: Reimbursement for income lost due to injuries or court appearances.
  • ⚰️ Funeral Expenses: In cases where a robbery results in death.
  • 📦 Stolen Property: Generally, the VCF does not compensate for stolen property itself, but it can cover damages to property that occurred during the crime.
• Application Process: Victims typically apply through the Delaware Department of Justice, Victims' Compensation Assistance Program. There are specific deadlines for application, usually within one year of the crime.
• Compensation Ranges: The maximum award for most categories of compensation from the Delaware VCF is generally up to $25,000. For homicide cases, this can extend up to $35,000. Specific amounts for medical, mental health, and lost wages have individual caps within the overall maximum.

Restitution in Criminal Cases

Beyond the VCF, a court can order a convicted robber to pay restitution directly to the victim. This is distinct from the state compensation fund and is part of the defendant's sentence. Restitution aims to make the victim whole for any financial losses caused by the crime, including:

• 💰 The value of stolen property not recovered.
• 🩺 Medical bills not covered by insurance or the VCF.
• 📉 Lost income due to injuries or inability to work.
• 🚗 Property damage incurred during the robbery.

While restitution is ordered, its actual collection can sometimes be challenging, especially if the defendant has limited financial resources or is incarcerated for a long period.

Navigating the Delaware Legal System

Whether you are accused or a victim, understanding the criminal justice process in Delaware is crucial:

1. Arrest and Arraignment: If arrested, you will be brought before a judge for an arraignment, where charges are formally read, and bail is set.
2. Preliminary Hearing: For felony charges, a preliminary hearing determines if there's probable cause to proceed to a grand jury.
3. Grand Jury Indictment: A grand jury will review the evidence to decide if there's enough probable cause to issue an indictment, formally charging the defendant.
4. Pre-Trial Motions and Negotiations: Attorneys will file motions (e.g., to suppress evidence) and engage in plea bargain negotiations.
5. Trial: If no plea agreement is reached, the case proceeds to a jury trial where evidence is presented, and a verdict is rendered.
6. Sentencing: If convicted, the court imposes a sentence based on the severity of the crime, the defendant's criminal history, and other factors.

Conclusion

Robbery in Delaware is a grave offense with profound implications for all involved. For those accused, the stakes are incredibly high, demanding immediate and skilled legal representation. For victims, coping with the trauma and navigating the path to recovery requires understanding available support systems. In both scenarios, knowledge of Delaware's specific laws and the legal process is your most powerful tool. Do not hesitate to seek professional legal advice to protect your rights and ensure the best possible outcome.

Disclaimer: This article provides general information about robbery law in Delaware and is not intended as legal advice. Laws can change, and the application of law to specific facts varies. For personalized legal guidance, you should consult with a qualified attorney licensed to practice in Delaware. This content does not create an attorney-client relationship.