Criminal defense for Robbery with Extortion in Bonn

Legal Basis

§ 255 StGB

Sentencing Range

Imprisonment of no less than one year

Summary

Robbery committed by means of extortion with violence or threat to life and limb

Aggravated Extortion (Section 255 StGB)

Aggravated extortion (räuberische Extortion) is a qualified form of extortion and is punished in the same manner as robbery. It is characterised by the use of violence or qualified threats to compel the victim to take an action that damages their assets. In practice, the distinction from robbery is often problematic and regularly provides starting points for the defense — an important nuance that expats facing such charges in Germany should understand.

Legal Basis

Section 255 of the German Criminal Code (StGB) provides:

“Where extortion is committed by violence against a person or by using threats of present danger to life or limb, the offender shall be punished as a robber.”

The sentencing ranges of Section 249 StGB (robbery) therefore apply: imprisonment of not less than one year; in less serious cases, imprisonment from six months to five years. In cases of aggravated robbery-like extortion (Section 250 StGB by analogy), the minimum sentence rises to three or five years’ imprisonment.

Elements of the Offence

Extortion (Section 253 StGB): The basic requirement is that a person coerces another by violence or threat of a serious detriment into an act, toleration, or omission, thereby causing damage to the assets of the coerced person or another, with the intention of unlawfully enriching themselves or a third party.

Violence against a person: Physical force directed against a person’s body that exerts a coercive effect. Examples: holding, hitting, restraining. Violence against objects alone does not satisfy Section 255 StGB.

Threat of present danger to life or limb: The threat must relate to an immediately impending physical injury or killing. Unlike in simple extortion (Section 253 StGB), a threat of some other serious detriment is not sufficient.

Financial disadvantage: The coerced action must have resulted in financial damage. This distinguishes aggravated extortion from robbery: in robbery, the offender takes the object themselves; in aggravated extortion, they compel the victim to hand it over or make another financially detrimental disposition.

Intent to enrich and unlawfulness: The offender must intend to unlawfully enrich themselves or a third party. The sought enrichment must be unlawful — a person who enforces an actually existing claim through coercive means is not guilty of aggravated extortion (though they may be guilty of coercion).

Typical Methods of Commission

Classic cases of aggravated extortion include so-called “protection money” schemes where business owners are forced into regular payments under threat of violence, threats of violence to compel the surrender of valuables or money, forcing the disclosure of PINs or access codes through the use of violence, hold-ups at shops where cashiers are compelled to hand over money, and extortion in connection with drug dealings.

Sentencing Range

Aggravated extortion is punished like robbery: imprisonment of not less than one year. In less serious cases, the sentence ranges from six months to five years’ imprisonment. Where particularly aggravating circumstances exist (Section 250 StGB: use of a weapon, involvement of a gang, risk of serious bodily harm), the minimum sentence rises to three or five years. A suspended sentence is only possible in exceptional circumstances given the minimum of one year.

Typical Defense Strategies

The distinction between robbery and aggravated extortion can be relevant to the defense, particularly where it is disputed whether a taking or a coerced handover occurred. Furthermore, it is examined whether the coercion actually reached the level of a threat of present danger to life or limb — if not, only simple extortion may apply. A key defense approach concerns the unlawfulness of the intended enrichment: if an actual claim existed, criminal liability under Sections 253 and 255 StGB is excluded. In sentencing, the specific manner of commission, any provocation by the victim, and the personal circumstances of the accused may all be considered.

Summons or accusation of Robbery with Extortion? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Robbery with Extortion requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

For an offence classified as a serious crime (Verbrechen), a penalty order and a discontinuation under Sections 153 or 153a of the Code of Criminal Procedure are excluded by law. Without an indictment, the case only ends if the prosecution discontinues it for lack of sufficient suspicion (Section 170 II) – for example because the allegation cannot be substantiated. If charges are brought, a trial follows, in serious cases before the Regional Court. This makes the defense during the investigation stage all the more important.

Victim-offender mediation and restitution

In many cases, victim-offender mediation or making good the damage (§ 46a StGB) can significantly reduce the sentence or enable a discontinuation. Whether this is advisable in your case is something we assess based on the file.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.