Robbery Defense Attorney Massachusetts

Robbery in Massachusetts is theft committed through force, violence, or fear, and it is one of the most serious felony charges a person can face. Penalties reach up to life in state prison, with mandatory minimum sentences for armed robbery involving a firearm or carjacking. We defend individuals charged with armed robbery, unarmed robbery, and carjacking in Essex County and throughout Eastern Massachusetts.

‍Call (978) 705-4537 for a free consultation available 24/7.

Robbery charges carry life-changing consequences, and the difference between charge categories can mean the difference between a chance at probation and decades of mandatory state prison time. We have defended people facing robbery charges for over 30 years in Massachusetts courts.

Call (978) 705-4537 for a free consultation.

If you are looking at charging documents that say "robbery," you are facing one of the most serious categories of crime in Massachusetts law. Robbery is, at its core, a theft offense, but it sits at the top of the theft-crimes hierarchy because of one element that ordinary larceny does not have: the use of force, violence, or fear to take property directly from another person. The presence or absence of a weapon, the age of the alleged victim, whether a face was masked, and whether a motor vehicle was involved all affect the specific statute charged and the potential penalties.

Massachusetts recognizes several distinct robbery offenses across M.G.L. c. 265, each with its own elements, penalty structure, and defenses.

Armed robbery is the most serious form of the offense. The Commonwealth must prove the defendant was armed with a dangerous weapon, assaulted another person, and robbed, stole, or took money or property from that person. A "dangerous weapon" is broader than a firearm. Anything used or capable of being used to cause serious bodily harm can qualify, including knives, bottles, blunt objects, and other items used in a threatening manner.

A conviction for armed robbery is punishable by state prison for life or any term of years, with significant enhancements when certain factors are present. Upon conviction for armed robbery committed while the defendant was masked, disguised, or had distorted features, Massachusetts law imposes a mandatory minimum sentence of 5 years for a first offense and 10 years for a subsequent offense. Upon conviction for armed robbery while armed with a firearm as defined in c. 140, § 121, the mandatory minimum is 5 years for a first offense and 15 years for a subsequent offense.

Unarmed robbery covers cases where the defendant was not armed with any dangerous weapon but used force and violence, or assault and putting in fear, to take property from another person or from their immediate control. The use of bare hands, threatening language, or pushing past a victim can satisfy the force or fear element without any weapon being present.

A conviction for unarmed robbery is punishable by state prison for life or any term of years. While the maximum is the same as armed robbery, courts in practice treat unarmed cases very differently and have substantially more sentencing discretion. There is no mandatory minimum sentence on a first offense.

When the alleged victim of an unarmed robbery is 60 years or older, Massachusetts law treats the offense more seriously. The base penalty is the same maximum of state prison for life or any term of years. Upon a second or subsequent conviction, however, the law imposes a mandatory minimum sentence of 2 years, with no possibility of probation, parole, furlough, work release, or good conduct deductions until 2 full years have been served. The general probation authority of the court does not apply to defendants 18 or older charged under this subsection.

Carjacking is a robbery-style offense specifically targeting the theft of motor vehicles. The Commonwealth must prove the defendant intended to steal a motor vehicle and assaulted, confined, maimed, or put any person in fear for the purpose of stealing the vehicle. The offense is complete whether or not the vehicle was actually taken.

A conviction for unarmed carjacking is punishable by up to 15 years in state prison or up to 2.5 years in a jail or house of correction, plus a fine of $1,000 to $15,000. Upon conviction for carjacking while armed with a dangerous weapon, the penalty rises to up to 20 years in state prison or 1 to 2.5 years in a jail or house of correction (with the 1-year jail term as a mandatory minimum if a jail sentence is imposed), plus a fine of $5,000 to $15,000. Upon conviction for carjacking while armed with a firearm, rifle, shotgun, machine gun, or assault weapon, Massachusetts law imposes a mandatory minimum sentence of 7 years in state prison.

When a defendant attempted a robbery but did not actually take any property, the case is typically charged under one of the assault-with-intent-to-rob statutes rather than as a completed robbery. Section 20 covers unarmed simple assault with intent to rob or steal. Section 18 covers armed assault with intent to rob or murder, with enhanced penalties when the alleged victim is 60 or older. These charges often appear alongside or instead of robbery charges in cases where the prosecution's evidence of completed taking is weak.

The single most important distinction in Massachusetts robbery law is the line between robbery and larceny from a person. Both offenses involve taking property directly from another, but only robbery requires the use of force, violence, or fear. An ordinary pickpocketing where the victim was unaware involves no force or fear and is charged as larceny from a person under M.G.L. c. 266, § 25, a felony but with a 5-year maximum and far more sentencing flexibility. A purse-snatching where the victim feels the pull, or where the snatch is fast enough to deny any opportunity to resist, can cross the line into unarmed robbery, which carries up to life in state prison. The factual difference is sometimes small but the legal consequences are enormous, and contesting the force element is one of the most important defenses in many of these cases.

We know you are already worried about what could happen, especially because robbery convictions sit at the top of the Massachusetts sentencing scale. The exact consequences depend entirely on which statute has been charged and what aggravating factors are alleged. Upon conviction for armed or unarmed robbery, the maximum penalty is state prison for life or any term of years. Upon conviction for armed robbery while masked, the mandatory minimum is 5 years on a first offense and 10 years on a subsequent offense.

Upon conviction for armed robbery with a firearm, the mandatory minimum is 5 years on a first offense and 15 years on a subsequent offense. Upon conviction for unarmed robbery of a person 60 or older as a subsequent offense, the mandatory minimum is 2 years with no probation, parole, or work release until 2 years have been served. Upon conviction for armed carjacking with a firearm, the mandatory minimum is 7 years in state prison.

Beyond direct sentencing, robbery convictions carry collateral consequences that affect the rest of a person's life. A robbery conviction is a felony, classified as a violent crime, which can disqualify a defendant from many forms of employment under CORI, especially in healthcare, education, finance, security, and government. Professional licenses can be suspended or revoked. Federal firearms rights are permanently affected. Immigration consequences for non-citizens can include deportation because robbery is generally classified as both a crime involving moral turpitude and an aggravated felony under federal immigration law. Housing applications, student loans, and educational opportunities are all affected.

A charge is not a conviction. Robbery cases turn on contested questions of identification, the existence and use of force or a weapon, the defendant's intent at the time of the alleged taking, and the credibility of the alleged victim and witnesses. Each of these elements has to be proved beyond a reasonable doubt, and the proof is often based on stressful, brief observations and circumstantial evidence.

Right now this may feel hopeless, especially with the harsh penalty exposure on these charges. There are real defenses available in robbery cases, and the Commonwealth's burden is high on every element. Possible defenses include:

‍Mistaken identification. This is one of the most common and often the strongest defense in robbery cases. Many of these cases turn on a brief, stressful observation by the alleged victim, a partial view, surveillance footage of variable quality, or cross-racial identification. Massachusetts courts have repeatedly recognized the unreliability of identification evidence, and exposing weaknesses in identification can be decisive.

‍No use of force or fear. For robbery (as distinct from larceny from a person), the Commonwealth must prove the defendant used force, violence, or threat. If the alleged victim was unaware until after the property was gone, or if there was no threat or assault, the case may be reducible to larceny from a person, with significantly less serious consequences.

‍No dangerous weapon. For armed robbery, the Commonwealth must prove the defendant was actually armed with a dangerous weapon. Hands and feet alone are not dangerous weapons under Massachusetts law. Disputes over whether an object was a real weapon, whether the defendant was actually armed, or whether the alleged weapon was visible can defeat the armed enhancement.

‍Lack of intent to permanently deprive. Robbery requires the same specific intent as larceny: the intent to permanently deprive the alleged victim of property. An honest, even mistaken, belief that the property was the defendant's, or an intent to return the property, can negate this element under Commonwealth v. Liebenow.

‍Constitutional violations. Stops, searches, identifications, and statements must comply with the Fourth, Fifth, and Sixth Amendments. Suggestive identification procedures can be challenged. Statements taken in violation of Miranda can be suppressed. Evidence obtained through an unlawful search can be excluded. Successful suppression motions often dismantle the prosecution's case.

‍Charge reduction strategies. Many robbery cases can be appropriately reduced to lesser-included offenses (larceny from a person, simple assault, attempt) based on what the evidence actually supports. Building the factual record for charge reduction is often the most realistic path to a favorable outcome. Every case is different. Call (978) 705-4537 to discuss your situation and your options.

If you have just been arrested, released, or received a summons, take a breath. Here is what you need to do right now.

● Don't talk to police without a lawyer present, even if officers suggest you can clear things up by giving your side of the story
● Don't discuss your case with anyone except your attorney
● Don't contact the alleged victim or any potential witnesses
● Don't agree to participate in show-ups, lineups, or photo arrays without your attorney present
● Preserve any evidence that might help your defense, including text messages, cell phone location data, receipts, surveillance you have legal access to, and documentation of your whereabouts
● Identify alibi witnesses who can place you somewhere else at the time of the alleged offense
● Write down everything you remember about the time of the alleged offense, where you were, who you were with, and what you were doing
● Don't post anything about your case, the alleged victim, or your whereabouts on social media
● Follow all court orders and conditions of release, including any stay-away orders
● Contact an experienced Massachusetts criminal defense attorney as soon as possible

‍Call (978) 705-4537 for a free consultation 24/7.

Acting quickly gives your attorney the best chance to investigate, identify witnesses, preserve surveillance footage before it is overwritten, and challenge identification procedures.