Robbery cases do not start with the police report or the indictment. They start with a person’s record, for better or worse. Judges and prosecutors size up a robbery case through the lens of what came before, and criminal history often drives the conversation more than the alleged facts of a single night. As a robbery attorney, I have watched a sentencing range double because of an old strike, and I have seen a well‑built mitigation package erase years from an offer that seemed immovable. Prior convictions are the gravitational force in a robbery prosecution. If you understand how that gravity works, you can plan your defense with clear eyes.
What “prior convictions” really means
Not all priors are equal. Courts look at convictions that were entered before the new offense, including felonies and misdemeanors, and sometimes juvenile adjudications, depending on the jurisdiction. Dismissed cases and arrests generally do not count, but they can still ripple through bail decisions or influence a probation officer’s recommendation. Expunged or sealed priors are often excluded, but exceptions exist for sentencing enhancements in certain states, for immigration consequences, or for firearms statutes.
Two ideas matter more than the rest. First, the number and recency of convictions. A string of offenses within a short window suggests ongoing risk in the judge’s eyes. Second, the nature of the priors. A prior violent felony, especially one involving a weapon or serious injury, makes a robbery sentence much heavier. On the other hand, a stale nonviolent felony from a decade ago sometimes lands as background noise if the client has otherwise stabilized.
How priors interact with robbery statutes and guidelines
Every state defines robbery differently, but the core element is taking property from a person, coupled with force or threat of force. Degrees typically escalate with factors like a weapon, injury, multiple participants, or a commercial location. Prior convictions feed into this structure through two channels: statutory enhancements and guideline scoring.
Statutory schemes are blunt. Think of habitual offender laws, three strikes frameworks, or specific provisions that increase minimum terms when the defendant has prior violent felonies. In those frameworks, the judge’s hands are partly tied. If a person stands convicted of second‑degree robbery and has two prior violent felonies within the lookback period, a mandatory minimum may kick in, regardless of mitigation.
Guideline systems are subtler. Many states and the federal system use criminal history points that combine prior convictions, age at conviction, and whether the person was on probation or parole when the new offense occurred. Robbery often falls into a high severity level. Add three to seven criminal history points, and the grid can push a presumptive sentence from months to years. Aggravating facts like a brandished gun or injury can bump the offense level further. The math feels clinical, but it has a human cost.
The weapon problem: robbery and firearm priors
Weapon‑related priors are a force multiplier. A prior conviction for weapon possession, a gun possession felony, or a shooting case can turn a garden‑variety robbery into a case with mandatory consecutive time for the firearm. Some statutes require separate sentences for using or displaying a gun during a robbery, stacked on top of the robbery term. If the person already has a felony gun possession on their record, the prosecution may argue they are on notice about firearms risks, which can persuade judges toward the top of the range.
Defenders try to separate the prior from the present. For example, we may show that a prior weapon possession attorney negotiated a plea on a technical possession case, not a violent use, and that the old case involved no threats, no injuries, and no actual discharge. That context can soften the way a judge views a new robbery with a displayed but unloaded firearm. Context does not erase an enhancement, but it can shave years off a discretionary sentence.
“Violent” versus “nonviolent” priors: why labels matter
The law often draws a bright line between violent and nonviolent felonies. A prior for assault and battery, aggravated harassment, burglary of an occupied dwelling, or certain sex crimes typically counts as violent. Fraud crimes, drug possession, or petit larceny usually do not. The robbery statute itself is almost always categorized as violent, so any prior robbery, attempted robbery, or closely related offense weighs heavily in a new sentencing.
There are gray zones. Burglary, for example, can be violent or nonviolent depending on whether the dwelling was occupied, whether a weapon was involved, and how the statute is defined. Criminal mischief can be a nonviolent property offense or a violent act if it involves risk to people. A burglary attorney will sometimes litigate whether an old burglary qualifies as a “strike” under a modern definition, especially when legal standards have shifted. These definitional battles are highly technical, but a successful challenge can reduce exposure by years.
Lookback periods and washouts
Most sentencing systems limit how far back they look. Ten‑year lookbacks are common for misdemeanors, longer for felonies, and some violent felonies never wash out. A decade of clean living counts, particularly if the person is older and can show changed circumstances. I have had judges say, in so many words, that they will not treat a 20‑year‑old felony as a predictor of current risk when the person’s recent record is clean.
On the other hand, if a person commits a new offense while on probation or parole for a recent crime, the guidelines typically add points, and judges treat that as a serious breach of trust. The same conduct that might have drawn a community‑based sentence two years after release can lead to a prison term when it occurs two months after release.
Robbery grades, add‑ons, and consecutive time
Robbery comes in flavors. A first‑degree robbery with a weapon and injury is in a different universe from a strong‑arm snatch without injuries. Priors compound the difference. Prosecutors often charge additional counts such as conspiracy, coercion, or criminal contempt if a protective order was in place. If the person threatened the victim or a witness afterward, an aggravated harassment attorney may find those threats charged separately and run consecutive to the robbery term. Stacking is real, and priors make stacking more likely because courts are less inclined to doubt intent or give the benefit of the doubt.
In some jurisdictions, a prior felony drug offense combined with a robbery that involved drugs or drug proceeds triggers additional enhancements under drug crimes statutes. A drug possession attorney might help carve those allegations away, reframing the case as a property offense instead of a drug‑related robbery. Narrowing the theory can block the add‑ons that inflate sentencing exposure.
How priors shape plea bargaining
Offers follow the scorecard. When a client has no record and the facts are muddy, a prosecutor might entertain a reduction to attempted robbery or even a theft crimes disposition with probation and treatment. Add two prior felonies, especially violent ones, and the same prosecutor may insist on a high‑end offer with a prison floor. The defense job is to change the conversation from a number to a story. That does not mean ignoring guidelines, it means building a record that allows the prosecutor to say yes to something below the grid without losing face.
This is where experienced defense counsel can make real gains. A criminal defense attorney who knows local norms can show why a below‑guidelines result is consistent with comparable cases, not a giveaway. That often involves case surveys, quietly shared with the prosecutor, demonstrating that defendants with similar records and facts received time served or a short local sentence in the past. Judges respond to parity. Prosecutors respect data.
Mitigation that moves the needle
When priors loom large, mitigation must be specific. Generic hardship letters rarely help. Targeted mitigation can.
- Document the distance between the person and their past. Show years of verified employment, tax records, a commercial driver’s license, or union membership. Anchors to lawful life matter. Prove treatment and change. A verified course of substance use treatment, mental health therapy, or trauma counseling tied to the conduct at issue holds more weight than a last‑minute class. Explain, do not excuse. If the prior felonies occurred during a period of homelessness, untreated bipolar disorder, or domestic coercion, show the timeline, records, and how circumstances differ now. Humanize through obligations. Caregiving for a disabled parent or support for children, backed by receipts and schedules, can persuade a court to consider alternatives to prison or shorter terms. Show restorative acts. Early restitution, apology letters vetted to protect legal interests, or participation in victim‑offender dialogue programs demonstrate accountability beyond words.
Judges have read thousands of letters. They look for authenticity. When a client writes plainly about the harm they caused and the work they are doing, and when those words align with verified steps, it can undercut the predictive power of priors.
Challenging the validity of prior convictions
Sometimes the best mitigation is subtraction. If a prior conviction was uncounseled, constitutionally defective, or does not actually qualify as a predicate under the current legal definition, it can be excluded from scoring. This is technical work. It may involve retrieving decade‑old transcripts, plea colloquies, and minute orders. A criminal attorney must check whether the defendant waived counsel, whether the court advised of rights, and whether the plea was knowing and voluntary.
For example, a prior classified as a “violent felony” might be overbroad. If the statute covered conduct that does not match the modern definition, and the record does not show which variant the defendant admitted, the categorical approach could bar its use as a violent predicate. That single victory can shift a recommended sentence by several years. Lawyers who handle white collar crimes and sentencing memos in federal court are often steeped in these categorical analyses, and their skills translate to robbery cases where predicates drive enhancements.
The role of pre‑sentence investigations and reports
Probation officers prepare pre‑sentence reports that summarize priors, family history, work, and the offense conduct. Defense counsel must engage early. Silence is costly. Provide accurate records, certificates, and letters to the officer before the report closes. Correct errors promptly. I have seen a juvenile diversion case misrecorded as a felony conviction and then used to bump a criminal history score. No one caught it until the day before sentencing.
Language matters in these reports. If a prior domestic violence attorney resolved a case as a non‑violent harassment plea, make sure the report says that, not “domestic violence conviction.” If a prior petit larceny attorney secured an adjournment in contemplation of dismissal that ultimately was dismissed, insist the report reflect dismissal, not “ACD pending” or “arrest for theft.” Accuracy prevents quiet inflation of risk.
When alternative dispositions are still possible
Even with priors, alternative sentences can work. Problem‑solving courts accept defendants with records if the current offense aligns with the court’s mission and the client is a good fit. Mental health courts consider robbery cases where mental illness clearly drove the behavior and treatment structures can manage risk. Drug courts sometimes accept robbery tied directly to addiction, though admission criteria vary.
Community‑based programs that blend intensive supervision with employment support can be persuasive. They provide daily structure and swift responses to setbacks. Judges who might hesitate to grant straight probation for someone with a history may approve a hybrid that includes a short jail shock, then placement in a verified program monitored by the court. A traffic violations attorney or traffic ticket attorney might seem far from a robbery courtroom, but practitioners familiar with local compliance courts sometimes know which judges trust which programs, and that kind of local intelligence is gold.
Edge cases that complicate sentencing
Some scenarios defy easy predictions.
Juvenile priors: Youth adjudications sometimes count, sometimes do not. Even when they are not scored, they often color the narrative. A record of violent youth offenses that abruptly stops in early adulthood can be framed as a youthful phase abandoned long ago. If the new robbery is an outlier after years of quiet, that context matters.
Immigration consequences: Noncitizens face deportation for robbery and for many priors. Sentencing negotiations may aim for dispositions that reduce aggravated felony exposure. A plea to attempted theft or a carefully framed assault disposition can spare a client removal, even if it does not reduce jail time. The calculus changes because the stakes change.
Contempt and orders of protection: If a robbery involves an intimate partner and there is a standing order of protection, a criminal contempt attorney may have to separate the robbery facts from the order violation. Courts treat contempt seriously because it challenges court authority. A clean strategy may involve pleading to a single count that acknowledges the contempt while avoiding multiple consecutive counts.
Sex‑related allegations: Robberies sometimes arise in contexts that include sex crimes allegations, especially in online meet‑ups gone wrong. A sex crimes traffic ticket attorney suffolk county attorney will insist on bifurcating those issues to prevent spillover prejudice. If sex allegations cannot be proved, excluding them from sentencing materials can prevent an improper pseudo‑predicate from dictating outcomes.
Homicide risk: When a robbery involves serious physical injury or death, homicide exposure may be on the table. Even if the case resolves short of a homicide count, the facts drive the sentence more than priors. Still, prior violence may tip the judge toward the statutory maximum, while a nonviolent history can anchor an argument for avoiding life‑tail terms.
Practical steps after arrest when priors exist
If you stand accused of robbery and you have a record, act immediately. Early moves shape the case later.
- Gather documents. Certified dispositions, proof of completion for probation or parole, treatment records, and dismissal orders all matter. Do not rely on memory. Records correct errors and prevent over‑scoring. Stabilize your life. Enroll in treatment if needed, secure employment or vocational training, and get a stable address. Judges notice forward motion. Avoid contact with witnesses. Any outreach can become an aggravated harassment or witness tampering allegation, compounding exposure. Share your story strategically. Work with your lawyer to write a timeline and personal history that explain prior offenses without making excuses. Protect your rights. Do not discuss facts with anyone but your attorney. Well‑meaning conversations with friends can turn into statements used in court.
How different priors play out in real negotiations
Two brief composites from past dockets illustrate the range.
Case A: A 29‑year‑old with one prior felony for drug possession and two misdemeanors, charged with second‑degree robbery without a weapon. The initial offer was two to four years. We documented two years of verified sobriety, a full‑time job, and early restitution. We secured letters from an employer willing to hold the position during a short jail term. After thirteen weeks of back‑and‑forth, the prosecutor agreed to a plea to attempted robbery with six months jail and five years probation, with a recommendation for day reporting. The prior drug conviction did not disappear, but it shifted from a hammer to a backdrop.
Case B: A 41‑year‑old with two prior violent felonies, one for burglary with a weapon, one for assault and battery causing injury. New case: first‑degree robbery with a displayed firearm and minor injury. Mandatory minimums applied. The grid recommended 12 to 18 years. We could not avoid prison. We focused on shaving time. We challenged whether the older burglary qualified as a violent predicate under current caselaw. We lost, but we preserved the issue for appeal. We then presented detailed mitigation: neuropsychological testing showing traumatic brain injury from a work accident, a long stretch of stability before a relapse after his spouse’s death, and a comprehensive treatment and reentry plan. The judge imposed 10 years, below the prosecutor’s 14‑year request. Priors remained decisive, but mitigation still mattered.
Collateral consequences that echo the priors
A sentence does not end at release. Prior convictions interact with new convictions to shape parole conditions, housing eligibility, firearm prohibition, and professional licensing. A person with prior gun possession and a new robbery with a firearm will face lifetime bans in many jurisdictions, even if the new conviction is reduced. A person with fraud crimes or embezzlement on their record will face employment barriers that a judge can mitigate slightly through specific findings, such as a certificate of relief from disabilities. A domestic violence attorney can sometimes help secure orders that allow controlled contact with family under supervision, rather than blanket no‑contact terms that complicate childcare.
Why the right lawyer mix helps
Robbery cases touch many corners of criminal law. A burglary attorney who understands predicate fights, a drug possession attorney who can frame addiction‑driven behavior, a weapon possession attorney who knows firearm enhancements, and a grand larceny attorney who can pivot the narrative to property rather than violence all contribute to better outcomes. In multi‑count indictments, a coordinated team can unwind enhancements and route the case to a balanced charge that fits the facts and the person, not the worst‑case version of the allegation.
That does not mean stacking lawyers for the sake of optics. It means finding a criminal defense attorney who either has range or knows when to bring in focused help. The same goes for traffic‑related priors that show up as violations during the offense. A dwi attorney or dui attorney might resolve a companion case that, if left open, could affect bail or compliance conditions. These small fixes avoid compounding problems.
The judge’s question: what will happen next time?
Judges ask themselves one question at sentencing: what will happen if I am lenient, and will I regret it. Priors inform that question. Defense counsel’s job is to show why the priors do not predict the future this time. That requires honest accounting of the past, a concrete plan for the present, and credible support for the future. Numbers matter, but so does narrative. When a person with priors can show a life that makes crime less likely, judges listen.
The criminal system is not designed for perfect fairness. It is a set of pressures and defaults. Priors increase those pressures, especially in violent charges like robbery. A thoughtful strategy can bend outcomes, sometimes a little, sometimes a lot. The earlier that strategy begins, the better the odds.
If you or a family member faces a robbery charge and have prior convictions, speak with a robbery attorney quickly. Ask hard questions about enhancements, guideline scoring, and predicate challenges. Bring your documents. Be ready to work. Prior convictions are heavy, but they are not destiny.
Michael J. Brown, P.C.
(631) 232-9700
320 Carleton Ave Suite No: 2000
Central Islip NY, 11722
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