When someone gets hit with a robbery charge, one of the first questions that comes up is this: was it armed robbery or unarmed robbery?
That might sound like a small distinction, but it’s not. It can completely change what penalties you’re up against, what defense strategies make sense, and even how the entire case plays out.
The presence—or even the suggestion—of a weapon is often the single factor prosecutors lean on when deciding how aggressively to pursue charges.
That’s why knowing the difference really matters.
And if you (or someone close to you) is facing robbery allegations, don’t try to figure it out alone. An experienced robbery defense lawyer isn’t just helpful—it can be the thing that protects your future.
In this blog, I will explain the following things:
- The difference between armed robbery vs unarmed robbery.
- How the court decides on punishment
- How a robbery defense lawyer can be of help
So, if these are some of the things that you want to know, then keep on reading this article till the end…
Armed Robbery vs. Unarmed Robbery: What is The Difference Under The Federal Law?
Robbery, a crime that started at common law, is the taking of the property of another by forcibly using violent force or the threat of such force with the intention to make the owner lose it permanently.
As the use of force or its threat is an integral part of the crime, robbery is considered a felony of a higher degree than other theft crimes of a similar nature, such as larceny (which does not require force), e.g., a stolen wallet with no use of force.
Additionally, this is what differentiates it from burglary as well, which, in most cases, means breaking into a house to steal something. Robbery is always done to the victim who is present. Therefore, the law considers it a violent crime.
Robbery is a federal crime that comes under the purview of 18 U.S.C. § 2113, the statute that deals with bank robberies and the like. The mentioned law specifies two fundamental kinds: unarmed robbery and armed robbery.
Both are serious crimes. However, the jail time for armed robbery is several times worse. So, what is the difference in the law?
Armed Robbery
Armed robbery is exactly what it sounds like—committing a robbery while using, or even pretending to use, a weapon.
And it doesn’t just mean firing a gun or waving a knife around. Even the hint of a weapon can bump charges from unarmed to armed.
Some examples:
- Pointing a gun at a teller during a bank robbery.
- Threatening someone with a knife.
- Using a fake gun that looks convincing.
- Saying “I’ve got a gun” even if you don’t.
The penalties? Extremely harsh. Under § 2113(d), if a weapon is involved or someone’s life is put in danger, the sentence can shoot up to 25 years in federal prison.
On top of that, a lot of states have mandatory minimums for armed robbery, which ties a judge’s hands when it comes to leniency.
And it doesn’t stop there. Armed robbery often leads to extra charges—things like firearm possession, assault, or even attempted murder if shots are fired.
Unarmed Robbery
Unarmed robbery is when property is taken by force, violence, or intimidation—but no weapon is used.
For instance:
- Handing a threatening note to a bank teller demanding cash.
- Using aggressive words or body language to pressure someone into giving up their wallet.
- Pushing someone down to snatch a purse.
Under § 2113(a), unarmed robbery can land you up to 20 years in federal prison. That’s still life-changing, but it’s not as severe as armed robbery.
Still, unarmed robbery isn’t something courts take lightly. It’s classified as a violent felony, and if the victim is hurt, penalties can climb even higher.
Some states also have ‘three strikes’ rules, which means repeat offenders could end up with life sentences—even if no weapon was involved.
How The Court Decides On Penalties For Armed Robbery vs. Unarmed Robbery
The distinction between armed and unarmed robbery is more than just the length of jail time—it can influence almost all the decisions in a courtroom.
Here are some of the ways in which the difference plays out:
- Charges & Punishments: Typically, the range of the first sentencing for an armed robbery is more severe than for an unarmed one.
- Bail: In most cases, bail set for an armed robbery is either higher or, if the judge feels it is too risky, bail is denied altogether.
- Defense Strategy: In most cases, the defense attorney focuses the issue on the presence of the weapon. If the prosecution can’t prove the existence of a weapon, then maybe the charge will be downgraded to unarmed robbery or something lighter.
On top of that, the U.S. Sentencing Guidelines (U.S.S.G. § 2B3.1(b)(2)) add extra punishment points depending on weapon use:
1. Firearm discharged: +7 levels
2. Firearm used (but not fired): +6 levels
3. Firearm brandished or possessed: +5 levels
4. Dangerous weapon used: +4 levels
5. Dangerous weapon brandished or possessed: +3 levels
Those enhancements aren’t small—they can tack on years or even decades. For example, an unarmed robbery might mean 8–10 years. Add a gun into the mix? You could suddenly be looking at 20 years or more.
How a Robbery Defense Lawyer Can Help
The details make or break a robbery case. And this is where having a strong defense lawyer on your side matters most.
Think about it: the difference between armed and unarmed robbery can be the difference between a 10-year sentence and 25 years.
Here’s what an attorney might do for you:
- Challenge the evidence: Was that really a “dangerous weapon”? Or is the prosecution stretching?
- Question eyewitnesses: Stressful situations can distort memory, especially when weapons are supposedly involved.
- Negotiate charges down: A skilled lawyer may convince prosecutors to drop an armed robbery charge to an unarmed charge, potentially reducing the prison time.
- Fight for lighter sentencing: Even ifa conviction seems likely, plea deals can soften the blow.
- Protect your rights: If evidence came from an illegal search or a forced statement, it can be thrown out.
What Is The Cost Of Hiring A Robbery Defense?
To be very honest, hiring a defense lawyer is costly. The cost will be influenced by the complexity of the case, the lawyer’s put up experience, and the place of the case.
Commonly, a criminal defense lawyer can set the cost of a robbery case from $5,000 up to $25,000. If the case is complicated or is a high-profile case, the price can reach a lot higher. Some lawyers work on flat fees; others work on an hourly basis.
However, the initial price might be so intimidating, yet put it side by side with the cost of a guilty verdict—lost earnings, incarceration years, and a criminal record that will never be cleared. That price is way beyond.
Some lawyers can give the option of paying over time or at a pace that matches the client’s income level. Therefore, during your consultation schedule, it would be nice if you could discuss your fee with the lawyer.
Things To Keep In Mind When Choosing A Robbery Defense
Every lawyer isn’t the best fit for a Robbery case. So, here are some things to consider before making a decision:
- Experience with robbery cases: Some lawyers may be good at handling white-collar crimes or DUI cases—that is why you need to look for a lawyer who has had experience in the robbery cases before.
- Track record: Has the lawyer ever successfully managed to terminate or decrease the charges of robbery against clients?
- Local knowledge: Law practitioners familiar with local prosecutors and judges can sometimes maneuver affairs more efficiently.
- Communication style: Since you will be in a close working relationship—choose a person who can easily convey the facts and who is always keeping you informed.
- Reputation: Finally, you must read reviews, word of mouth, and feedback from other lawyers. These will give you major hints.
Frequently Asked Questions About Armed Robbery vs. Unarmed Robbery
Here are some of the questions that you need to know about Armed Robbery vs. Unarmed Robbery:
Is Armed Robbery Always A Federal Crime?
No. It depends on the case. If the robbery involves a bank, credit union, or interstate commerce, then yes, it’s federal. Otherwise, most robberies are handled under state law.
Can Unarmed Robbery Charges Be Reduced To Theft?
Sometimes. If the defense can show there wasn’t enough force or intimidation, prosecutors might drop it to theft or larceny—which comes with lighter consequences.
What’s The Biggest Difference Between Armed Robbery And Aggravated Robbery?
They’re often used in place of each other. But in many states, “aggravated robbery” refers to robberies involving a weapon or serious injury. The penalties line up with armed robbery.
Can I Get Probation For Armed Or Unarmed Robbery?
For armed robbery, probation is extremely rare due to mandatory minimums. For unarmed robbery, it’s possible—especially for first-time offenders—but it depends on the state and the judge.
How Long Do Robbery Charges Stay On Your Record?
Usually forever. Robbery is a felony, and in most states, felonies can’t be wiped clean (expunged). That conviction follows you and can affect jobs, housing, and loans long after time is served.
Your Legal Guide: Know The Difference To Fight Fiercely
Facing robbery charges is scary, no two ways about it. And the line between armed and unarmed robbery isn’t just legal wording—it can mean the difference between a decade behind bars and more than two decades.
The sooner you bring an experienced robbery defense lawyer into the picture, the better your odds. They can challenge the charges, fight for lighter sentencing, or maybe even get the case dismissed.
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