A robbery charge in Kentucky is a very serious charge that carries devastating penalties. The elements and definitions that exist within these statutes can be daunting and confusing. An experienced attorney can navigate these statutes, prepare the best possible defense, and protect your rights every step of the way.
Robbery First Degree
A person is guilty of Robbery in the First Degree, KRS 515.020, when in the course of committing a theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when he:
- Causes physical injury to any person who is not a participant in the crime; or
- Is armed with a deadly weapon; or
- Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
Robbery in the First Degree is a class B felony carrying a sentence of 10-20 years. Robbery in the first degree is also a “violent crime” which means an individual must serve 85% of their sentence before being eligible for probation.
Robbery Second Degree
A person is guilty of Robbery in the Second Degree, KRS 515.030, when in the course of committing theft, he uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
Robbery in the Second Degree is a class C felony carrying a sentencing of 5-10 years.
Under KRS 515.010 the definition of “physical force” means force used upon or directed toward the body of another person.
Under KRS 500.080(3) the definition of “dangerous instrument” means any instrument, including parts of the human body when a serious physical injury is a direct result of the use of that part of the human body, article, or substance which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or serious physical injury.
Under KRS 500.080(4) the definition of “dangerous weapon” means any of the following:
- A weapon of mass destruction
- Any weapon from which a shot, readily capable of producing death or other serious physical injury may be discharged;
- Any knife other than an ordinary pocket knife or hunting knife;
- Billy, nightstick, or club;
- Nunchaku karate sticks;
- Shuriken or death star; or
- Artificial knuckles made from metal, plastic, or other similar hard material.