Robbery Lawyer

Serving Wyoming & South Dakota

Robbery, classified as a felony, involves unlawfully taking property directly from another person using force or the threat of force. A conviction under Wyoming or South Dakota law can result in serious penalties, including lengthy prison sentences, heavy fines, and a permanent criminal record that could affect your future opportunities. 

At Just Criminal Law, we understand the profound impact a robbery conviction can have on your life. Based in Gillette and serving clients across Wyoming and South Dakota, our firm is committed to providing a strong defense against these accusations. We carefully analyze every detail of the prosecution’s case and draw on our deep knowledge of state law to defend your rights at every step.

You can rely on Just Criminal Law for steadfast representation and clear communication as we navigate the legal proceedings together. Call (307) 300-2240 to schedule a free case consultation with a robbery lawyer in Gillette today.

Defining Robbery Under Wyoming & South Dakota Statutes

In Wyoming and South Dakota, robbery is a serious felony distinct from theft due to the use of force or fear. Each state’s statutes clearly define the elements needed to prove robbery, which are key to building a defense.

Under Wyoming Statute § 6-2-401, a robbery occurs when, during a theft, a person inflicts bodily injury, threatens, or places someone in fear of immediate harm. 

South Dakota’s SDCL § 22-30-1 defines robbery as intentionally taking personal property from someone’s person or presence, against their will, using force or the fear of force. Additionally, SDCL § 22-30-2 specifies that the force or fear must be used to obtain or retain the property or overcome resistance—not simply to escape. 

In both states, the use or threat of force is what elevates theft to robbery.

Degrees of Robbery in WY & SD (e.g., Simple vs. Aggravated)

Wyoming and South Dakota categorize robbery into different levels based on specific factors that increase the danger involved. These distinctions play a significant role in determining the severity of penalties upon conviction, reflecting the seriousness of the crime.

In Wyoming, aggravated robbery is defined under § 6-2-401(c). A standard robbery charge is elevated to aggravated robbery if the offender intentionally attempts to commit serious bodily harm or uses or displays a deadly weapon (or a simulated one) during the incident. Convictions for aggravated robbery carry significantly harsher prison sentences than those for simple robbery. 

In South Dakota, robbery is classified under § 22-30-6. First-degree robbery involves the use of a dangerous weapon or an object resembling one, while robbery without this element is considered second-degree robbery. These classifications correspond to different felony levels—Class 2 for first-degree and Class 4 for second-degree—each with distinct sentencing guidelines.

Penalties for Robbery Conviction in Wyoming & South Dakota

A robbery conviction in Wyoming or South Dakota carries harsh felony penalties that can profoundly impact personal freedom and future opportunities. Beyond the risk of extended prison time, these convictions bring heavy fines and the permanent challenges of a felony record. 

In Wyoming, simple robbery can result in up to 10 years in prison, while aggravated robbery (§ 6-2-401(c)) carries a sentence of five to 25 years. In South Dakota, second-degree robbery is classified as a Class 4 felony, punishable by up to 10 years in prison (§ 22-6-1(6)), while first-degree robbery (§ 22-30-7), a Class 2 felony, can lead to up to 25 years behind bars (§ 22-6-1(4)). These penalties often include substantial fines as well.

A felony robbery conviction also comes with long-term consequences, such as losing the right to vote and own firearms. Additionally, it creates significant barriers to securing employment, housing, and professional licensing, profoundly affecting many aspects of life.

What to Do if Accused of Robbery in Wyoming & South Dakota

If you’re facing a robbery accusation in Wyoming or South Dakota, your immediate actions are critical. A felony charge is serious, and how you handle the situation from the start can significantly impact the outcome. 

Your first step should be to invoke your constitutional right to remain silent. Do not make any statements or answer questions from law enforcement or investigators until you have spoken with an attorney. Remember, anything you say could be used against you in court. Clearly state: “I wish to remain silent, and I want an attorney.”

Avoid discussing the allegations or sharing any details with anyone other than your attorney. This includes conversations with friends, family, alleged victims, or posts on social media. Such discussions are not confidential and could provide the prosecution with damaging evidence. Protecting your rights should be your top priority. 

Securing legal counsel is essential for protecting your interests and beginning the critical work of analyzing the case against you. Schedule a free consultation with a Gillette robbery lawyer by calling (307) 300-2240 or contacting us online today.