Is Robbery a Felony? Degrees, Weapons Enhancements, and Penalties by State (2026)

Yes. Robbery is a felony in every U.S. jurisdiction — all 50 states, the District of Columbia, and under federal law. There is no misdemeanor tier for robbery in any state. Unlike simple theft (larceny), where most states create a misdemeanor petty-theft tier for takings below a dollar threshold (commonly $500, $1,000, or $2,500), robbery has no such threshold because the defining element is force or threat of force. Taking a single dollar from someone by force, or by putting them in fear of immediate bodily harm, is felony robbery.

This is the central legal distinction between robbery and theft: theft is a property crime graded largely by the value of what was taken; robbery is a violent crime graded by the violence used, the weapon employed, and the harm caused. Because violence (not value) is the grading element, dollar thresholds are irrelevant. Every state's robbery statute makes this clear by classifying robbery as a felony of a defined class (Class A/B/C, F1/F2/F3, 1st/2nd/3rd degree, etc.) regardless of the property's value.

The practical question for someone charged with robbery is not 'will it be a felony?' — it always will be — but 'which degree, what mandatory minimums apply, and how many years of prison exposure?' That answer varies dramatically. Unarmed robbery with no injury may carry 1–10 years in some states; the same conduct charged as armed or aggravated robbery in another may carry 10 years to life, or in Louisiana, Mississippi, and Massachusetts, life is on the table.

This guide walks through the elements, the degrees, weapon and injury aggravators, federal robbery statutes, three-strikes and collateral consequences, and what to do if charged — then lays out the real statute, classification, and max penalty for all 51 jurisdictions.

Robbery is the unlawful taking of property from a person (or in their presence) by force, or by threat of immediate force, with intent to permanently deprive them of it. The four common-law elements, codified in most state statutes, are:

1. An unlawful taking of the property of another; 2. From the person or in their presence; 3. By force or threat of force (sometimes phrased as 'force, violence, or putting in fear'); 4. With intent to permanently deprive (some states like Florida also cover temporary deprivation).

The 'force or threat of force' element is what separates robbery from larceny. Larceny (theft) is taking property without consent but without force — pickpocketing, shoplifting, taking a left phone. Robbery requires either actual force (snatching, pushing, hitting) or a credible threat of immediate bodily harm ('give me your wallet or I'll hurt you').

The force need not cause injury. Even minimal force — a shove, a grab, displaying a weapon — satisfies the element in most states. What matters is that the victim was compelled by force or fear, not deceived or distracted. This is why even the smallest taking by force is a felony: it is the violence, not the value, that grades the offense.

A few states (e.g., Florida, § 812.13) extend robbery to temporary deprivation — taking property briefly by force still counts. And many states treat 'putting in fear' as sufficient even without an actual weapon; displaying a finger in a pocket and claiming it is a gun can support armed robbery if the victim reasonably believed a weapon was present.

These three property crimes are commonly confused but legally distinct, and the distinction drives whether you face a felony or misdemeanor, and how much prison time.

Theft (larceny): Unlawful taking of property WITHOUT force. States split theft into petty theft (below a dollar threshold — usually a misdemeanor) and grand theft (above the threshold — usually a felony). The threshold varies ($500 in many states, $1,200 in Texas, $2,500 in Illinois). Theft has NO force element — the victim does not know it is happening or is deceived.

Robbery: Taking property WITH force or threat of force, FROM A PERSON or in their presence. Always a felony in every state, regardless of dollar value. The force element is the defining feature.

Burglary: Unlawful ENTRY into a structure with intent to commit a crime inside (often theft). Burglary does not require force against a person — it is graded by where the entry happened (residential vs commercial), whether someone was present, and whether a weapon was carried. Burglary of a dwelling at night with a weapon is a high-degree felony; commercial burglary can be a lower-level felony or, in some states, a 'wobbler' (felony or misdemeanor).

The confusion arises because a single course of conduct can involve all three: someone enters a store at night (burglary), takes a cash register (theft), and pushes a clerk to escape (robbery). Prosecutors often charge all three. The robbery count — because it involves force against a person — is the most serious and carries the longest prison exposure.

Key takeaway: if force or threat of force was used against a person to take or keep property, the charge is robbery (a felony), not theft (which may be a misdemeanor).

States grade robbery by aggravating factors that increase the degree/class of felony. The three universal aggravators are:

1. Deadly weapon or firearm. Using, displaying, or carrying a deadly weapon (gun, knife, club, replica gun treated as real) elevates robbery to aggravated/armed robbery — the highest degree in nearly every state. Penalties jump from mid-level (2–10 years) to top-tier (10 years to life). Many states add a mandatory minimum (5, 10, or 20 years) specifically for firearm use.

2. Serious bodily injury. Causing or attempting to cause serious bodily injury elevates robbery to first degree or 'especially aggravated' robbery (TN § 39-13-403, NY § 160.15, CA PC 213 with GBI enhancement). Even minor injury may aggravate in some states (KY, MN).

3. Accomplice or vulnerable victim. Many states elevate robbery when committed by two or more people together (CA 'in concert', NY 2nd degree, MN § 609.245 subd. 2) or against a vulnerable victim — elderly (TX § 29.03 elevates for victim 65+), disabled, or ATM user (CA PC 212.5 makes ATM robbery first degree).

The combinations vary by state. California and Tennessee use three tiers (robbery, aggravated, especially aggravated). Texas uses two (robbery 2nd degree; aggravated 1st degree). Florida grades by weapon only (no weapon = 2nd degree; weapon = 1st degree). New York uses three degrees mapped to weapon, accomplice, and injury. Pennsylvania uses three felony classes (F1/F2/F3) depending on threat vs injury.

For sentencing purposes, the controlling question is which aggravator the state can prove. A skilled defense attorney often focuses on defeating the weapon or injury aggravator — which can drop a 25-to-life charge to a 2-to-5-year charge. This is why charging decisions matter more than the underlying label 'robbery'.

Armed robbery (also called aggravated robbery in many states) is the most serious form of robbery and carries the longest prison exposure and the most mandatory minimums. Mandatory minimums are sentences a judge cannot reduce below, regardless of mitigating factors — they are set by statute and apply automatically when the triggering fact (usually a firearm) is proven.

Common mandatory minimums for armed robbery:

- Federal: 18 U.S.C. § 924(c) adds 5 years for possessing a firearm during a crime of violence (including robbery), 7 for brandishing, 10 for firing, 25-to-life if a death results — served consecutively on top of the robbery sentence. - California: PC 12022.53 '10-20-life' — 10 years for using a firearm in robbery, 20 for firing, 25-to-life for causing great bodily injury. - Florida: § 775.087 10-20-Life — 10 years mandatory for possessing a firearm during robbery, 20 for firing, 25-to-life for injury. - Georgia: 10-year mandatory minimum for armed robbery (no parole until 85% served under § 17-10-6.1). - Louisiana: 10-year mandatory minimum for armed robbery; 5-year additional mandatory for firearm under 14:64.2. - Maryland: 20-year mandatory for armed robbery with a handgun; 5-year mandatory under § 4-305 for handgun use in a felony. - Massachusetts: armed robbery second offense mandates life without parole (c. 265 § 17). - Mississippi: 10-year mandatory for armed robbery with a firearm. - Missouri: armed criminal action adds 3/5/15-year consecutive mandatory for firearm. - New Jersey: 85% of sentence before parole under NERA for armed robbery. - Ohio: 3-year mandatory for firearm display/use in aggravated robbery.

The pattern is clear: firearm use is treated as the most serious aggravator because it most reliably produces injury and death. Even a replica gun treated as real by the victim can trigger armed-robbery statutes in many states. Defense strategies often turn on whether the state can prove the weapon element — defeating it can drop the charge from life-exposure armed robbery to a 1–10-year unarmed robbery.

Three federal statutes specifically address robbery and carjacking at the federal level, supplementing state law. Federal prosecutors can charge robbery when it affects interstate commerce (which is broadly interpreted to cover almost any robbery), targets a federally insured bank, or involves a car that crosses state lines.

18 U.S.C. § 1951 (Hobbs Act): Criminalizes robbery (and extortion) that 'in any way or degree obstructs, delays, or affects commerce.' Penalty: up to 20 years. The commerce connection is read broadly — robbing a business that buys or sells across state lines is sufficient.

18 U.S.C. § 2113 (Bank Robbery): Criminalizes robbery of a federally insured bank, credit union, or savings and loan. Penalties: - Robbery: up to 20 years. - Armed bank robbery with a dangerous weapon or device: up to 25 years. - With a firearm, assault during robbery, or kidnapping: up to life. - If a death results: death or life.

18 U.S.C. § 2119 (Carjacking): Criminalizes taking a motor vehicle from a person by force, violence, or intimidation with intent to cause death or serious bodily harm. Penalties: - Base: up to 15 years. - Serious bodily injury: up to 25 years. - Death: death or life imprisonment.

States also have carjacking statutes (CA PC 215, FL § 812.135, MI MCL 750.535a, NJ 2C:15-2, MD § 3-405). Carjacking is universally a felony — often a top-degree felony — because it combines robbery with the use of a vehicle and frequently a weapon.

A single course of conduct can be charged under both state and federal law (dual sovereignty), and the U.S. Attorney's office decides whether to take the case federally. Federal robbery sentences tend to be longer and served at higher percentages (no parole in the federal system; good-time credit limited).

Robbery is universally classified as a 'crime of violence' under 18 U.S.C. § 924(e) (the Armed Career Criminal Act), U.S.S.G. § 4B1.2, and equivalent state statutes. This classification triggers severe collateral and recidivism consequences.

Three-strikes enhancements: Many states impose dramatically longer sentences for repeat robbery offenders. - California: Three Strikes (PC 667(b)–(i)) — robbery is both a 'serious' (§ 1192.7(c)) and 'violent' (§ 667.5(c)) felony. Second strike doubles the sentence; third strike is 25-to-life. - Texas: § 12.42(d) habitual — with two prior felony convictions, second-degree robbery becomes 25–99 years; first-degree becomes life. - Florida: PRR/PRRA — prison releasee reoffender convicted of robbery must serve 100% of sentence. - Federal ACCA (18 U.S.C. § 924(e)): Three prior violent felony or serious drug offenses + firearm possession = 15-year mandatory minimum (or 30 for some). Robbery counts as a predicate 'violent felony'.

Loss of firearm rights: Under 18 U.S.C. § 922(g)(1), any felony conviction — including unarmed robbery — strips the person of the right to possess a firearm under federal law, permanently unless rights are restored. State firearm-rights restoration varies.

Immigration consequences: Robbery is an 'aggravated felony' under 8 U.S.C. § 1101(a)(43)(A)–(B) (when the term is at least one year), and a 'crime involving moral turpitude' in most circuits. Conviction makes a non-citizen: - Deportable under 8 U.S.C. § 1227(a)(2)(A)(iii); - Ineligible for cancellation of removal (§ 1229b(a)(3)); - Permanently barred from good moral character (§ 1101(f)). Armed robbery is also a 'violent or dangerous crime' under § 1182(a)(2)(A)(ii) and triggers additional bars to admission and asylum (§ 1158(b)(2)(A)(ii)).

Other consequences: Sex offender registration does not apply, but robbery convictions: - Disqualify from many public benefits and housing (HUD drug- and violent-crime exclusions); - Show on background checks indefinitely in most states; - Disqualify from many licensed professions; - Can be used to enhance future sentences under recidivist statutes.

These consequences survive the sentence. This is why felony robbery classification matters beyond prison time — and why fighting the degree and weapon enhancement at the front end is so important.

Robbery is a serious violent felony. If you or someone you know is facing robbery charges, take these steps:

1. Get a criminal defense attorney immediately. Robbery carries prison exposure measured in years to decades. An experienced criminal defense lawyer in the state where charges are filed can challenge the degree charged (e.g., try to reduce armed robbery to unarmed, or first-degree to second-degree), negotiate plea terms, file suppression motions, and prepare for trial. Public defenders are available for those who cannot afford private counsel.

2. Do not talk to police without counsel present. Anything said can and will be used. Invoke the right to counsel and the right to remain silent clearly. Do not discuss the case with cellmates, on recorded jail calls, or in writing.

3. Gather and preserve evidence. Identify witnesses, surveillance footage, 911 calls, and any physical evidence that contradicts the police version. Tell your lawyer about alibis, mistaken-identity evidence, and any prior relationship with the complainant that bears on the elements.

4. Understand the actual charge and degree. Ask your lawyer to explain: which degree/class the state charged, which aggravators (weapon, injury, accomplice) the state is alleging, what mandatory minimums attach, what the realistic sentencing range is, and what the plea options are.

5. Consider all defenses. Common robbery defenses include: mistaken identity (the most common — robbery convictions rest heavily on eyewitness identification, which is notoriously unreliable); lack of force or threat (the taking was non-violent larceny, not robbery); no intent to permanently deprive; duress; voluntariness of statements; Fourth Amendment suppression of illegally obtained evidence; and challenge to weapon enhancement (no weapon, replica, no display).

6. Evaluate plea vs. trial. Armed robbery with strong evidence and a mandatory minimum often warrants negotiation; unarmed robbery with weak identification may warrant trial. Your lawyer should give you a realistic assessment, not a sales pitch.

7. Address collateral consequences early. If you are a non-citizen, immigration consequences of a robbery plea can be catastrophic and often permanent — an immigration attorney should be consulted BEFORE any plea. If firearm rights or professional licensing matter to you, factor that into negotiation.

8. If convicted, plan for sentencing mitigation. Character letters, employment and family ties, treatment for substance use (robbery charges often involve addiction), restitution, and acceptance of responsibility can all reduce the sentence. Federal presentence reports and state PSI reports carry significant weight.

This is informational only, not legal advice. Robbery law varies by state and changes over time. A licensed attorney in your jurisdiction is the only source of legal advice for a specific case.