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A Madison, Wisconsin, resident convicted of armed robbery could face a $100,000 fine, up to 40 years in prison or both for the Class C felony. Armed robbery could not only involve the use of a gun, but other weapons such as pepper spray, stun gun, knives or other objects.
Penalties for Gun Modification in Wisconsin
According to Wisconsin Statute 941.26(2)(b), anyone caught using a weapon modified to fire bullets repeatedly (essentially turning your gun into an automatic machine gun) will be guilty of a Class F felony.
Class F Felony Sentences:
- Up to 12 years in prison
- And/or a $25,000 fine
- Forfeiture of gun rights
What if the weapon was fake?
Toy guns painted to look like real guns, plastic bats, replica swords, or dummy bombs are all classified as deadly weapons (even though they might not seriously hurt someone). If the weapon looks real, then you’re going to jail. As stated above, a weapon is used to intimidate someone during a robbery, and if the victim reasonably believed the weapon was real then the armed robbery conviction will stand.
Penalties for Armed Robbery
Robbery alone is classified as a Class E felony, which comes with a possible sentence of 15 years in prison and/or a $50,000 fine. Armed robbery is a violent crime, so the classification is increased to Class C.
Penalties for Class C Felony:
- Up to 40 years in prison
- And/or a $100,000 fine
- Forfeiture of gun rights
Defenses to Armed Robbery in Dane County
A conviction for an armed robbery classifies you as a felon and a dangerous person. A great defense attorney will look at all the issues that come with an armed robbery charge and come up with the most strategic and aggressive defense possible. Grieve Law defense lawyers have successfully dealt with getting these charges reduced or dropped.
Tom Grieve is an experienced gun attorney who has appeared as a keynote conference speaker and webinar subject matter consultant for the United States Concealed Carry Association (USCCA).
Armed Robbery Charges in Madison
A Robbery Committed with a Dangerous Weapon is a Class C Felony
The law states that anyone who steals property from someone in their presence by either using force or threatening force is guilty of robbery. If the robbery was committed using a deadly or dangerous weapon, it is a Class C felony and you face up to 40 years in prison and/or a $100,000 fine.
What is Armed Robbery?
First, let’s define robbery; according to Wisconsin law, robbery is the intent to steal property from a person by either of the following means:
- Using force against a person with the intent to overcome his or her physical power of resistance to take or carry away the victim's property.
- Threatening the imminent use of force against a person to compel the owner to acquiesce in the taking or carrying away of property.
In other words, robbery is stealing property by force, or under the threat of harm. Therefore, armed robbery is using a weapon to strong-arm the victim into giving up his valuables. The weapon does not have to be loaded with ammunition, nor does it actually have to be seen by the victim. As long as the victim feels threatened and believes the perpetrator may have a gun, knife, or another weapon it is classified as armed robbery.
A gun isn’t the only dangerous weapon
Wisconsin Statutes define a dangerous weapon as any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in s. 941.295 (4); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or bodily harm.
Some examples of dangerous weapons include the following:
- Firearm or Handgun: Includes automatic and semi-automatic weapons, loaded or unloaded
- Airsoft guns: BB guns, pellet guns, and paintball guns
- Zip-gun: starter pistols, anything not designed to be a gun but could be used as one
- Explosive device: includes bombs, demolition devices, blasting caps
- Incendiary device: firebombs, anything used to cause destruction by means of fire or ignition
- Pepper spray
- Stun gun or TASER
- Knives, or other sharp objects
- And more
Any object that can be used to cause physical harm, or incite fear of harm could be considered a dangerous weapon. From a baseball bat to a gun (even just the threat of having a gun), all can get you charged with robbery with a dangerous weapon. The penalties for armed robbery increase if you were caught using a modified weapon. Our criminal defense lawyers can consult with you on knife laws in Wisconsin.
Examples of modified weapons:
- Pistol with added butt stock
- Use of a bump stock
- Turning any firearm into a machine gun
- Adding a silencer
- Shotguns or rifles shorter than 26 inches
- Shotgun barrels 18 inches or less
- Rifles with barrels 16 inches or less
- Changing any firearm over .50 caliber to a fixed cartridge
You are only guilty if you are convicted™
Contact a Madison criminal defense attorney at Grieve Law to help you through the confusing legal process surrounding armed robbery (including initial hearings, deferred prosecution agreements, etc.). We’ll create the most successful defense possible. From anywhere in Dane County, including Middleton, McFarland, Fitchburg, Cottage Grove, Sun Prairie and surrounding cities, Grieve Law attorneys will put together the strongest case possible to prevent a Wisconsin armed robbery sentence.
Contact the Madison Gun Lawyers at Grieve Law for a free legal consultation on your armed robbery charge.
Defenses to Armed Robbery in Dane County
A conviction for an armed robbery classifies you as a felon and a dangerous person. A great defense attorney will look at all the issues that come with an armed robbery charge and come up with the most strategic and aggressive defense possible. Grieve Law defense lawyers have successfully dealt with getting these charges reduced or dropped.
How long will armed robbery charges stay on my record?
Short answer? Forever. These are serious felony charges that will stay with you forever. There is something to be said for a felony conviction coming off of CCAP after 70 years, but that is the best it will get if convicted. These charges are not expungable from your record. Expungement in Madison, however, is merely the sealing of records, it does not dismiss the conviction from your record.
A felony conviction can have detrimental impacts on your future. Not only would you have to explain it on all background checks, you would not be able to possess a firearm for the rest of your life, and you would be ineligible to vote while serving your sentence. The right to vote can be reinstated, but only after all sentences have been served.
How to beat an armed robbery charge in Madison
Defenses to Armed Robbery in Dane County
A conviction for an armed robbery classifies you as a felon and a dangerous person. A great defense attorney will look at all the issues that come with an armed robbery charge and come up with the most strategic and aggressive defense possible. Grieve Law defense lawyers have successfully dealt with getting these charges reduced or dropped.
