Robbery is theft by the use of force. By definition, the property's owner is either in physical possession of the property or merely present during the robbery. However, the property owner need not have lawful possession of the property. A theft is the taking and carrying away of the property of another with the intent to permanently deprive the rightful owner of that property. Force is any action that either prevents the property owner or another person from preventing the theft or threatens to cause such prevention. The type of force used or threatened classifies the degree of the crime.

If a dangerous weapon was used in the commission of the robbery, the robbery can be charged as a Class C felony, otherwise it is a Class E felony. A gun is a dangerous weapon, but so is any other article that can or is reasonably perceived to be able to cause bodily injury or death.

A Class C felony includes penalties of up to 40 years imprisonment, or $100,000 file, or both. If a convicted defendant is classified as a repeat offender, the court can order up to 2 additional years imprisonment if the priors were misdemeanors and up to six additional years imprisonment if the priors were felonies.

A Class E felony includes penalties of up to 15 years imprisonment, or a $50,000 fine, or both. Repeat offender classification increases the imprisonment terms up to 2 years with prior misdemeanor convictions and up to six years with prior felony convictions.

Violence or the threat of violence distinguishes robbery from theft. While a theft can occur during a situation involving violence, a robbery is always a violent crime.

WI Statute 943.32 Robbery

The Wisconsin criminal code is enumerated in Wisconsin's Statutes. Wisconsin Statute 943.32 (below) defines the elements of the crime of robbery and provides the penalty classification (a felony). While this is the formal definition of robbery, the actual application of the law rests upon years of criminal trial case history, precedence, prior interpretations, court rulings, administrative hearings, and plea bargains. If you are under investigation for robbery, if you have been arrested for robbery, or if you have already been convicted of robbery and want to appeal or challenge the conviction or sentencing, please contact the attorneys at Van Wagner & Wood for a brief professional first-impression analysis of your case and a truly straightforward honest opinion of how the law can affect you.

943.32 Robbery

943.32(1)
(1) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class E felony:

943.32(1)(a)
(a) By using force against the person of the owner with intent thereby to overcome his or her physical resistance or physical power of resistance to the taking or carrying away of the property; or

943.32(1)(b)
(b) By threatening the imminent use of force against the person of the owner or of another who is present with intent thereby to compel the owner to acquiesce in the taking or carrying away of the property.

943.32(2)
(2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class C felony.

943.32(3)
(3) In this section "owner" means a person in possession of property whether the person's possession is lawful or unlawful.

Robbery Of A Financial Institution

A theft from an individual at a financial institution is robbery if force or the threat of force is used to take the property or money from the possession of or under the custody or control of the financial institution. The individual need only perceive that the force has been or will be used to take the property or money. Robbery from a financial institution is a Class C Felony.

Theft As A Lesser Crime To Robbery

Theft is a lesser included crime to robbery. If a robbery has occurred, then by definition, a theft has occurred.

Murder During Robbery

If a homicide occurs during a robbery, then the homicide may be charged as Felony Murder. Felony murder is the commission of a homicide during the commission of a felony. Robbery is a felony. The commission of a felony encompasses much more time and all of the actions taken during that time than just the actual moment in which the crime is executed. For instance, the time and acts leading up to the robbery and the time and acts fleeing from the robbery can constitute a "commission of the crime" and a homicide occurring during any of that period of time is Felony Murder. As well, a murder committed during the felony as the result of the actions or interference of another person can also constitute felony murder, whether the acts were intentional or accidental, and criminal liability can be imposed upon all participants involved in the felony including accomplices assisting before the commission of the crime and after the commission of crime.

Contact Van Wagner & Wood

If you are under investigation for a crime or drunk driving offense, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, call ( locally in Madison, Wisconsin, through Wisconsin) or e-mail ( ) the attorneys at Van Wagner & Wood right away. They will give you a brief but professional first-impression analysis of your case and your situation, which will allow you to take an important first step in defending the case against you. You can also submit information about a criminal offense investigation or charge or a drunk driving OWI investigation or charge for a free case review.

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Appeals & Serious Crimes - Homicide - Murder - State - Federal

Drug Crimes

State Drug Charges: Van Wagner & Wood's criminal defense attorneys routinely handle drug related criminal cases for people residing in Wisconsin, and most frequently residing in the following areas: Adams County, WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI (Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls), Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells), Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County, WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore), Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County, WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand), Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County, WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI (Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford), Trempealeau County, WI (Whitehall), Waushara County, WI (Columa, Wautoma), Washburn County, WI (Spooner), and Wood County, WI (Wisconsin Dells).

Drunk Driving (OWI, DUI, DWI)

Van Wagner & Wood's attorneys frequently represent people charged with every type of drunk driving offense in the state of Wisconsin - from OWI - 1st, 2nd, 3rd or 4th misdemeanor offense to 5th and higher felony offenses. The successful criminal & drunk driving defense firm also represents people against vehicular homicide while intoxicated charges, as well as operating after suspension or revocation. Attorney Tracey A. Wood is highly regarded as Wisconsin's foremost authority on drunk driving laws & defense. Attorney Christopher T. Van Wagner has been three-times honored with the Martin Hanson Advocates Prize for numerous homicide acquittals.

Federal Crimes

Felony Murder, Homicide, Intentional Homicide, Negligent Homicide, Reckless Homicide

The criminal defense attorneys at Van Wagner & Wood represent people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide, Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide, and Second-degree Intentional Homicide. Those attorneys most frequently represent people accused or charged in the state of Wisconsin. Often times, they are called upon by a client residing outside of the state of Wisconsin, which they represent in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood 's attorneys have handled cases for clients in Florida, Kansas, Oklahoma, California, New Jersey, Minnesota, and Illinois.

Sexual Assault, Rape & Sex Crimes

Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.

Robbery

Van Wagner & Wood, Wisconsin Criminal Defense Attorneys