When a man walked into a pharmacy, I’m sure he thought he had everything he needed in order to rob the place. He was wearing a camouflage outfit complete with a paintball mask and even carrying a can of pepper spray. He was pretty sure he was going to get what he wanted and get out of there without being caught. However, things clearly did not go according to plan. When the man began to spray the employees with the pepper spray, he ended up walking through the pepper cloud he had just discharged and rendered himself useless. Having been affected by the potent substance, the man staggered out of the store and into a nearby vehicle, which took off. During the investigation, police were able to track down the vehicle and its driver, who eventually gave up the name of the Robbery suspect. The man was caught and charged with Attempted Robbery.
Robbery in Weld County
Colorado law defines Robbery – C.R.S. 18-4-301 – as:
(2) Robbery is a class 4 felony.
In order to be charged with Robbery in Weld, Morgan, or Logan County, two elements must be present:
- The accused takes something of value; and
- The accused uses force, threats, or intimidation.
Even though the man did not end up taking anything, because he demanded items of value using the pepper spray, all signs lead to Robbery. However, since he foiled his own plan by pepper spraying himself, he did not complete the Robbery. This is where the element of Criminal Attempt comes into play.
Criminal Attempt in Greeley
Criminal Attempt – C.R.S. 18-2-101 – is defined by Colorado law:
When Attempt is added to a crime, it means there were significant steps taken to commit the crime, but the crime was never fully executed. With the case above, the man 1. entered the pharmacy, 2. demanded money, and 3. used pepper spray to incapacitate the employees. Those could be deemed as ‘substantial steps’ in the eyes of a jury.
Have you been charged with Robbery or Attempted Robbery? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Robbery or Attempted Robbery? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Attempt crimes are punished a little less harshly than the original crime. For example, Robbery is a class 4 felony in Greeley, Erie, and Evans. If a person takes ‘substantial steps’ toward committing a Robbery, but does not fully execute it, like the man in the story, he would be charged with Attempted Robbery. The addition of ‘Attempt’ lowers the Robbery from a class 4 to a class 5 felony.
| Level of Crime You Attempted to Commit | You’ll Be Charged With |
| Class 1 Felony | Class 2 Felony |
| Class 2 Felony | Class 3 Felony |
| Class 3 Felony | Class 4 Felony |
| Class 4 Felony | Class 5 Felony |
| Class 5 or 6 Felony | Class 6 Felony |
| Class 1 Misdemeanor | Class 2 Misdemeanor |
| Class 2 Misdemeanor | Class 3 Misdemeanor |
While being charged with Criminal Attempt does lessen the potential consequences, serious consequences can still arise. Even though the man would now be facing a class 5 felony, that level felony is still punishable with 1 to 3 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Criminal Attempt or Robbery, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to set up a free consultation. Together, we can protect your future.
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