R.C. 2911.02 makes it robbery to, in committing or fleeing a theft offense, have a deadly weapon, inflict or threaten physical harm, or use or threaten force. Depending on which applies, robbery is a second- or third-degree felony. It sits below aggravated robbery (R.C. 2911.01, a first-degree felony) but well above ordinary theft.
Many robbery prosecutions rest on quick, stressful identifications and on whether “force” was actually used or merely alleged. Both are fertile ground for defense.
How Ohio Classifies & Punishes Robbery
| Circumstance | Classification | Exposure |
|---|---|---|
| Robbery — physical harm or deadly weapon involved | Felony 2 | 2–8 years prison (indefinite) |
| Robbery — use or threat of force | Felony 3 | 9–36 months prison |
| With a firearm specification | Add-on | +1, 3, or 6 years mandatory, consecutive |
Second-degree robbery is a qualifying offense of violence sentenced under the Reagan Tokes indefinite scheme.
How We Defend Robbery Charges
An arrest is an accusation, not a verdict. Our defense of a robbery charge begins with the questions the State would rather not answer:
- Whether the identification of you as the person responsible is reliable.
- Whether “force” or a threat was actually used, or whether the facts fit a lesser theft offense.
- Whether a deadly weapon was truly involved as charged.
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Alibi, surveillance, and the reliability of any eyewitness identification procedure.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to robbery cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Robbery — Common Questions
What's the difference between robbery and theft?
Theft is taking property; robbery is committing a theft with force, the threat of force, or a weapon. Knocking out the force or weapon element can reduce a robbery to theft — a dramatic difference in exposure.
How much prison does robbery carry?
Second-degree robbery carries 2–8 years (indefinite under Reagan Tokes); third-degree robbery carries 9–36 months. A firearm specification adds mandatory, consecutive time.
Is mistaken identity a real defense to robbery?
Often, yes. Robberies are fast and frightening, and eyewitness identifications made under stress are notoriously unreliable. We scrutinize lineup and show-up procedures and pursue surveillance and alibi evidence.
Talk to a Assault & Violent Crimes Defense Attorney Today
If you or someone you love is facing a robbery charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.