How to win an appeal of an aggravated robbery case in Minnesota: challenging the imminence requirement
Aggravated robbery is defined by statute. Minn. Stat. § 609.245. A conviction of 1st degree aggravated robbery with a criminal history score of 0 carries a presumptive sentence of 48 months in prison. It is a very serious conviction. In prosecutor’s zeal to prosecute this crime, sometimes they overlook a very important requirement. Imminence. If there is a threat of force, it can’t be force in the future, it needs to be “imminent”. Why this is overlooked and how you can fight it will be explored in this blog post.
The different robbery statutes causes some confusion
One would think that if a prosecutor overlooked an issue, surely the judge or defense attorney would discover the oversight and remedy it. But the problem stems from robbery being defined in the simple robbery statute. Minn. Stat. § 609.24. But then the aggravated robbery statute defining circumstances where there are more serious charges or robbery, but failing to define the definition of robbery. Minn. Stat. § 609.245. A cursory glance of the aggravated robbery statute may cause one to think that as long as a person is armed with a dangerous weapon and taken personal property that is not theirs in the presence of another, that it would be sufficient for a 1st degree aggravated robbery conviction. However, taking it is not enough. The aggravated robbery statute still requires that a “robbery” occurred. And robbery requires not just personal property be taken, but that the use of force or threat of use of force be “imminent.”
What does the imminence requirement mean practically?
When would there be a threat of force that isn’t imminent? The typical robbery between strangers on the street involve the threat of imminent force. But in situations where the people know each other, threats of future harm can be part of the facts. One of the most familiar situations to people is the school yard bully, who threatens to beat up a kid after school if he doesn’t give up his lunch money. The threat is in the future and not imminent. Of course, if you were convicted in adult criminal court, we aren’t talking about school yards or lunch money. But it is not uncommon as you think for there to be a dispute over property among friends or family, and for one person to take the property with the threat of kicking the other person’s ass at a later time. Prosecutors have been known to charge this as robbery, even though it doesn’t fit under the statute. If you were convicted in circumstances where the threat was a future harm, instead of an imminent one, you should consult an appeals attorney.
Conclusion
If you or a loved one were convicted of conspiracy, you should contact a skilled Minnesota appeals attorney. Jack Rice Defense utilizes its extensive knowledge of criminal defense and appeals to craft the best strategy to counteract the conviction in your case. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
