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Criminal Defence Articles

What is the maximum sentence for Armed Robbery?

Fire Arm Defence | Stuart Miller Solicitors

Are you facing a charge of armed robbery and wondering what the maximum sentence for this offence might be? This is most definitely one of the most common questions that clients ask their solicitors, but the answer can be complicated. Know, however, that whilst the sentence for this offence can be substantial, there are measures that a solicitor can take to help mitigate the time you spend incarcerated (if indeed you are ultimately sent to prison). In this article, we briefly outline the offence in question, then examine the maximum sentence one can receive, the key points from the sentencing guidelines, how a solicitor can assist in reducing the sentence you receive, and where to seek further assistance.

What is the offence of armed robbery?

The offence in question is governed primarily by the Theft Act 1968 in England and Wales. Specifically, Section 8(1) of the Theft Act 1968 defines the offence as follows:

A person is guilty of the offence if they steal, and immediately before or at the time of doing so, and in order to do so, use force on any person or put or seek to put any person in fear of being then and there subjected to force.

To secure a conviction, the prosecution must prove beyond reasonable doubt that the defendant:

  • Stole or attempted to steal something
  • Used force against a person, or put a person in fear of force
  • Did so immediately before or at the time of stealing
  • Used force or fear of force in order to steal

Additionally, the prosecution must prove that the defendant possessed a firearm or imitation firearm at the time of the offence.

Examples of the offence of armed robbery include:

  • Threatening a shopkeeper with a gun and demanding money from the till
  • Brandishing a knife at a pedestrian and stealing their wallet
  • Using a replica pistol to intimidate a bank teller during a heist
  • Assaulting a security guard with a firearm whilst stealing valuable goods
  • Threatening violence with a shotgun to force entry into a home and steal valuables
  • Using a imitation handgun to steal a vehicle from its owner
  • Raiding a jewellery store whilst wielding firearms
  • Threatening staff with a firearm during a post office raid
  • Using a gun to intimidate victims during a home invasion and theft
  • Brandishing a firearm to steal goods from a delivery driver

What is the maximum sentence for armed robbery?

The maximum sentence for armed robbery in England and Wales is life imprisonment. The Sentencing Council’s definitive guideline for robbery offences came into force on 1 April 2016. It covers different types of robbery, including street and less sophisticated commercial robbery, professionally planned commercial robbery, and robbery in a dwelling.

For the most serious category of offences (Category 1), which would typically include armed robberies, the sentencing ranges are:

  • Street/less sophisticated commercial robbery: 10-16 years’ custody
  • Professionally planned commercial robbery: 13-20 years’ custody
  • Robbery in a dwelling: 13-16 years’ custody

However, the maximum sentence available in law for robbery remains life imprisonment. This allows judges to impose sentences beyond the usual ranges in exceptionally serious cases.

The guidelines aim to ensure consistency in sentencing while still allowing judges flexibility to impose appropriate sentences based on the specific circumstances of each case. Factors like use of weapons, level of force, degree of planning, and vulnerability of victims are considered in determining the offence category and sentence.

What factors influence the sentencing of armed robbery?

When sentencing for the offence of armed robbery in England and Wales, judges follow the aforementioned guidelines set out by the Sentencing Council. The main considerations include the seriousness of the offence, the harm caused, and the culpability of the offender. Numerous factors impact sentencing, including those which make sentencing more harsh (aggravating factors) and those that make it less so (mitigating factors).

Aggravating factors include:

  • The use of a real firearm.
  • The level of violence used during the offence.
  • The vulnerability of the victim, such as being elderly or disabled.
  • The extent to which the offence was planned in advance.
  • The psychological or physical harm caused to the victims.
  • Previous convictions, especially for similar offences.
  • If the offence was committed as part of a group or gang.
  • Wearing masks or other disguises to conceal identity.
  • The value of the property stolen.
  • Threats to use firearms, even if the firearm was not discharged.

Mitigating factors include:

  • A clean criminal record.
  • Demonstrating genuine remorse for the offence.
  • Pleading guilty at the earliest opportunity.
  • Playing a lesser role in the offence.
  • Documented mental health problems that contributed to the offence.
  • Assisting the police or other authorities.
  • The offender being very young or immature.
  • Difficult personal circumstances that may have contributed to the offending behaviour.
  • Any steps taken to compensate the victims or rectify the harm caused.
  • If the offender was provoked in a significant way.

The Sentencing Council provides a structured approach to sentencing, which includes:

  • Starting Point and Category Range: Judges use a starting point based on the seriousness of the offence and then adjust within a category range based on the specific circumstances.
  • Harm and Culpability: Assessing the level of harm caused and the offender’s culpability.
  • Totality Principle: Ensuring the total sentence is just and proportionate to the overall offending behaviour.

Additional considerations include statements from victims about the impact of the crime and reports prepared by probation officers that provide background information on the offender.

By considering these factors, judges aim to impose a sentence that is fair, proportionate, and in line with the guidelines provided by the Sentencing Council.

How can a solicitor help with reducing the sentence for armed robbery?

A solicitor can play a crucial role in reducing the sentence for armed robbery by providing expert legal advice, negotiating with the prosecution, and presenting mitigating factors effectively.

Here’s why you should get a solicitor as early as possible:

  • A solicitor can provide you with detailed knowledge of the law and the specific charges you are facing, helping you understand the potential outcomes and the best course of action.
  • Solicitors can negotiate with the prosecution to potentially reduce the charges or secure a more lenient sentence.
  • A solicitor can effectively present mitigating factors to the court, such as lack of previous convictions, genuine remorse, or difficult personal circumstances, which can lead to a reduced sentence.
  • Having a solicitor represent you in court ensures that your case is presented in the best possible light, with all legal arguments and evidence properly articulated.
  • A solicitor provides ongoing support and guidance throughout the legal process, helping to alleviate stress and uncertainty.

When choosing a solicitor:

  • Look for a solicitor with extensive experience and specialisation in criminal law, particularly in cases involving armed robbery.
  • Research the solicitor’s reputation, including client reviews and professional accolades, to ensure they have a track record of success.
  • Choose a solicitor who communicates clearly and effectively, keeping you informed about your case and answering any questions you may have.
  • Ensure the solicitor is available to dedicate sufficient time and resources to your case.
  • Make sure the solicitor demonstrates empathy and understanding of your situation, providing personalised and compassionate legal support.

When you first meet your solicitor, you can expect:

  • Initial Consultation: During the first meeting, the solicitor will conduct an initial consultation to understand the details of your case, including the charges, evidence, and any mitigating factors.
  • Case Assessment: The solicitor will assess the strengths and weaknesses of your case, providing an honest evaluation of the potential outcomes and the best strategy moving forward.
  • Legal Advice: You will receive detailed legal advice on your rights, the legal process, and the possible defences available to you.
  • Action Plan: The solicitor will outline an action plan, including the steps they will take to build your defence, gather evidence, and prepare for court.
  • Costs and Fees: The solicitor will explain their fees and any associated costs, ensuring you have a clear understanding of the financial aspects of your legal representation.

By engaging a skilled and experienced solicitor, you can significantly improve your chances of receiving a reduced sentence for armed robbery.

Where to get more help

If you or someone close to you is facing charges for armed robbery, you must get assistance from an experienced robbery solicitor as soon as possible. The earlier you are able to secure advice, the better your chances of successfully navigating the entire process. For more information on this offence and to arrange a free no obligation consultation about your options, get in touch with the team at Stuart Miller Solicitors today.

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