Robbery and Menacing in Greeley | If At First You Don’t Succeed…

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Learn more about Robbery and Menacing in Colorado.

A Greeley man has been arrested for Aggravated Robbery, Attempted Aggravated Robbery and Menacing after a bank Robbery last week. According to the news report, the man had walked into the Wells Fargo Bank and handed the teller a note that read:

“This is an armed robbery!!! Remain calm and nobody will get hurt. You have twenty second to put $10,000 unmarked bills in an envelope. Failing to do so my result in the endangerment of innocent lives. Go!!!”

The teller took the note to her manager who told her to give him the money, but the man had left when the teller returned to the counter. Not wanting to give up on his quest, the man headed on to the Guaranty Bank (just 30 minutes after his first attempt) and gave the teller at that bank the same note. During this endeavor, he was able to make off with $1,906, including 5 marked bills. The man was identified by his probation officer and arrested shortly thereafter.

Aggravated Robbery in Weld County

In order to understand the definition of Aggravated Robbery, you must first look at the Colorado law definition of Robbery.

Robbery – C.R.S. 18-4-301 – is defined by Colorado law as:

A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.

Aggravated Robbery – C.R.S. 302, which is what the man was charged with, is defined by Colorado law as:

A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:

  1. He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
  2. He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
  3. He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
  4. He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.

Part (d) is what applies to the man from our story above. All you have to do to be charged with Aggravated Robbery in Weld, Morgan, or Logan County, is represent verbally or otherwise that you are armed with a deadly weapon. Because the man wrote in his note that he was conducting an armed Robbery, he met the requirements to be charged with Aggravated Robbery.

Criminal Attempt to Commit Aggravated Robbery in Greeley

Criminal Attempt is a label that can be added to any underlying crime. The Colorado law definition of Criminal Attempt – C.R.S. 18-2-101 – is:

A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense. A substantial step is any conduct, whether act, omission, or possession, which is strongly corroborative of the firmness of the actor’s purpose to complete the commission of the offense. Factual or legal impossibility of committing the offense is not a defense if the offense could have been committed had the attendant circumstances been as the actor believed them to be, nor is it a defense that the crime attempted was actually perpetrated by the accused.

Basically, if a person takes a substantial step toward committing a crime (like giving a bank teller a note that you are robbing the bank), you can be charged with Criminal Attempt. In most cases, if the crime is charged as an Attempt it lowers the felony or misdemeanor level. For example, Aggravated Robbery is a class 3 felony. Attempted Aggravated Robbery would be charged as a class 4 felony, a lesser felony charge.

Have you been charged with Robbery or Menacing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!

Menacing in Windsor and Evans

The Colorado law definition of Menacing – C.R.S. 18-3-206 – is:

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but, it is a class 5 felony if committed:

  1. By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
  2. By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Much like the Robbery statute, this crime is aggravated when a deadly weapon is involved. Again, all a person would need to do is verbally or in writing claim they were armed with a deadly weapon. Because he claimed it was an armed Robbery, he is facing another felony charge: Menacing.

Request a Free Consultation

If you or someone you love has been accused of Aggravated Robbery, Criminal Attempt, or Menacing in Greeley, Evans, or Erie, 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 today. Together, we can protect your future.

Image Credit: Pixabay – stux

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