Aggravated robbery is one of the most serious theft offenses a person can be accused of in Ohio and the penalties for a conviction can be extremely costly. The state has a statute of limitations that is 20 years to file charges in these cases, so it is possible for a person to be charged with this crime several years after the alleged commission of an offense.
Aggravated robbery is essentially a more serious robbery crime, and prosecutors will be automatically inclined to seek maximum punishments for alleged offenders. In addition to very lengthy prison sentences, alleged offenders can also be ordered to pay significant fines.
If you were arrested for an alleged aggravated robbery offense in Westerville, Columbus, Dublin, or a surrounding area of Franklin County, Ohio, it will be extremely important for you to retain legal counsel as soon as you possibly can. Sabol | Mallory can provide an aggressive defense against these charges.
Our firm understands the challenges that alleged offenders face in these cases and can conduct an independent investigation to determine the strongest possible defenses. You can have us take a closer look at your case and discuss all of your legal options with you when you call (614) 300-5088 or contact us online to set up a free consultation.
Ohio Revised Code § 2911.01 is the state law relating to aggravated robbery, and Ohio Revised Code § 2911.01(A) states that no person, in attempting or committing a theft offense, as defined in Ohio Revised Code § 2913.01, or in fleeing immediately after the attempt or offense, can do any of the following:
● Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it;
● Have a dangerous ordnance on or about the offender's person or under the offender's control; or
● Inflict, or attempt to inflict, serious physical harm on another.
Ohio Revised Code § 2913.01(K) defines a theft offense as including violations of the following statutes:
● Aggravated Robbery, Ohio Revised Code § 2911.01
● Robbery, Ohio Revised Code § 2911.02
● Aggravated Burglary, Ohio Revised Code § 2911.11
● Burglary, Ohio Revised Code § 2911.12
● Breaking and Entering, Ohio Revised Code § 2911.13
● Safecracking, Ohio Revised Code § 2911.31
● Tampering with Coin Machines, Ohio Revised Code § 2911.32
● Theft, Ohio Revised Code § 2913.02
● Unauthorized Use of a Vehicle, Ohio Revised Code § 2913.03
● Unauthorized Use of Property - Computer, Cable, or Telecommunication Property, Ohio Revised Code § 2913.04
● Possession or Sale of Unauthorized Cable Television Device, Ohio Revised Code § 2913.041
● Telecommunications Fraud, Ohio Revised Code § 2913.05
● Unlawful Use of Telecommunications Device, Ohio Revised Code § 2913.06
● Passing Bad Checks, Ohio Revised Code § 2913.11
● Misuse of Credit Cards, Ohio Revised Code § 2913.21
● Forgery, Ohio Revised Code § 2913.31
● Criminal Simulation, Ohio Revised Code § 2913.32
● Making or Using Slugs, Ohio Revised Code § 2913.33
● Trademark Counterfeiting, Ohio Revised Code § 2913.34
● Medicaid Fraud, Ohio Revised Code § 2913.40
● Tampering with Records, Ohio Revised Code § 2913.42
● Securing Writings by Deception, Ohio Revised Code § 2913.43
● Personating an Officer, Ohio Revised Code § 2913.44
● Defrauding Creditors, Ohio Revised Code § 2913.45
● Insurance Fraud, Ohio Revised Code § 2913.47
Workers' Compensation Fraud, Ohio Revised Code § 2913.48
● Receiving Stolen Property, Ohio Revised Code § 2913.51
● Cheating - Corrupting Sports, Ohio Revised Code § 2915.05
● Theft in Office, Ohio Revised Code § 2921.41
Ohio Revised Code § 2911.01(B) further provides that no person, without privilege to do so, can knowingly remove or attempt to remove a deadly weapon from the person of a law enforcement officer, or can knowingly deprive or attempt to deprive a law enforcement officer of a deadly weapon, when both of the following apply:
● The law enforcement officer, at the time of the removal, attempted removal, deprivation, or attempted deprivation, is acting within the course and scope of the officer's duties;
● The alleged offender knows or has reasonable cause to know that the law enforcement officer is a law enforcement officer.
A violation of Ohio Revised Code § 2911.01 is a first-degree felony. Ohio Revised Code § 2923.11(A) defines a deadly weapon as “any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.”
Under Ohio Revised Code § 2923.11(K), a dangerous ordnance is defined any of the following:
● Any automatic or sawed-off firearm, zip-gun, or ballistic knife;
● Any explosive device or incendiary device;
● Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, and other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, and other blasting agents; and any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions;
● Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed and manufactured for military purposes, and the ammunition for that weapon;
● Any firearm muffler or suppressor;
● Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordnance
Dangerous ordnance does not include any of the following:
● Any firearm, including a military weapon and the ammunition for that weapon, and regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed and safe for use only with black powder;
● Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, and the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm;
● Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil and returning the tube into battery without displacing the carriage, and is designed and safe for use only with black powder;
● Black powder, priming quills, and percussion caps possessed and lawfully used to fire a cannon of a type defined in division (L)(3) of this section during displays, celebrations, organized matches or shoots, and target practice, and smokeless and black powder, primers, and percussion caps possessed and lawfully used as a propellant or ignition device in small-arms or small-arms ammunition;
● Dangerous ordnance that is inoperable or inert and cannot readily be rendered operable or activated, and that is kept as a trophy, souvenir, curio, or museum piece;
● Any device that is expressly excepted from the definition of a destructive device pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921 (a)(4), as amended, and regulations issued under that act;
● Any firearm with an overall length of at least twenty-six inches that is approved for sale by the federal bureau of alcohol, tobacco, firearms, and explosives under the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C. 921 (a)(3), but that is found by the bureau not to be regulated under the "National Firearms Act," 68A Stat. 725 (1934), 26 U.S.C. 5845 (a).
Ohio Revised Code § 2901.01 defines law enforcement officer as including all of the following and can also include employees of the department of rehabilitation and correction who are authorized to carry weapons within the course and scope of their duties:
● A sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, or state highway patrol trooper;
● An officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within the limits of that statutory duty and authority;
● A mayor, in the mayor's capacity as chief conservator of the peace within the mayor's municipal corporation;
● A member of an auxiliary police force organized by county, township, or municipal law enforcement authorities, within the scope of the member's appointment or commission;
● A person lawfully called pursuant to section 311.07 of the Revised Code to aid a sheriff in keeping the peace, for the purposes and during the time when the person is called;
● A person appointed by a mayor pursuant to section 737.01 of the Revised Code as a special patrolling officer during riot or emergency, for the purposes and during the time when the person is appointed;
● A member of the organized militia of this state or the armed forces of the United States, lawfully called to duty to aid civil authorities in keeping the peace or protect against domestic violence;
● A prosecuting attorney, assistant prosecuting attorney, secret service officer, or municipal prosecutor;
● A veterans' home police officer appointed under section 5907.02 of the Revised Code;
● A member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code;
● A special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code;
● The house of representatives sergeant at arms if the house of representatives sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code and an assistant house of representatives sergeant at arms;
● The senate sergeant at arms and an assistant senate sergeant at arms;
● A special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended.
Aggravated Robbery Penalties in Ohio
As a first-degree felony in Ohio, an aggravated robbery conviction may be punishable by a sentence of up to 11 years in prison and/or a fine of up to $20,000. An alleged offender may also be placed on five years of post-release control (also called parole) following their release from prison.
Franklin County Aggravated Robbery Resources
Ohio Crime Prevention Association (OCPA) — Visit this website for one of the nation’s largest state crime prevention associations. Learn more about training, membership, and specialist info. You can also find information on the annual conference.
State v. Rance, 85 Ohio St.3d 632 (1999) — The Supreme Court of Ohio was asked in this case whether Ohio Revised Code § 2941.25(A) and the constitutional protections against double jeopardy prohibited trial courts from imposing separate sentences for both involuntary manslaughter and aggravated robbery. Pursuant to Ohio's multiple-count statute, Ohio Revised Code § 2941.25, the court’s answer to this question was "No." As the Supreme Court of the United States wrote in Garrett v. United States (1985), 471 U.S. 773, 779, 105 S.Ct. 2407, 2411, 85 L.Ed.2d 764, 771, "[T]he Blockburger rule is not controlling when the legislative intent is clear from the face of the statute or the legislative history."
Were you arrested for an alleged aggravated robbery crime in the greater Columbus area of Franklin County? You are going to want to get Sabol | Mallory on your side as soon as possible.
Our firm understands the most effective defenses against these charges and can fight to make sure that you are able to avoid major consequences. Call (614) 300-5088 or contact us online to have us go over your case with you during a free consultation.