Madison WI Robbery Defense Lawyer Attorney

Robbery under the 943.32 of the Wisconsin criminal law generally falls into one or two possible categories: armed robbery and unarmed robbery.  Often called strong armed robbery, unarmed robbery in Wisconsin is a Class E felony, punishable by up to 15 years prison and up to a $50,000 fine.  Armed robbery is a Class C felony, punishable by up to 40 years prison and up to a $100,000 fine.

The crime of robbery in Wisconsin generally requires proof beyond a reasonable doubt of the following:

Someone else possessed the property;

The defendant took and carried away the property in question from the person in possession of the property or from that person’s presence;

The defendant took the property with intent to steal;

The defendant used or threatened to use force to take the property. 

To prove armed robbery, the state needs to additionally prove that at the time the property was taken, the defendant used or threatened use of a dangerous weapon or an article fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon. It is important to note that the term dangerous weapon in the Wisconsin criminal law includes a firearm whether load or unloaded, but it is certainly not limited to a firearm.  It is not even limited to conventional weapons.  It includes, among other things, any other device designed as a weapon and capable of producing death or great bodily harm or any device used or intended to be used in a manner that is calculated or likely to produce death or great bodily harm.