Criminal defense for Robbery in Bonn

Legal Basis

§ 249 StGB

Sentencing Range

Imprisonment of no less than one year

Summary

Taking property from another person by force or threat of force

Robbery under Section 249 of the German Criminal Code – Overview

Robbery is a two-act offence combining elements of theft and coercion. It ranks among the most serious property offences and is classified as a serious crime (Verbrechen) with a minimum sentence of one year’s imprisonment. Section 249 StGB protects both property and the personal freedom and physical integrity of the victim.

Statutory Text (Section 249 StGB – Excerpt)

Subsection 1: Whoever takes away movable property belonging to another person from that person by using force against them or by threatening them with present danger to life or limb, with the intent to unlawfully appropriate the property for themselves or a third party, shall be liable to imprisonment of not less than one year.
Subsection 2: In less serious cases, the penalty is imprisonment from six months to five years.

Elements of the Offence in Detail

Force Against a Person

Force means the use of physical power to overcome actual or expected resistance. The force must be used as a means to effect the taking (functional connection). Even holding someone down or pushing them to the ground suffices.

Threat of Present Danger to Life or Limb

Alternatively, a threat of present danger to physical integrity or life suffices. The threat must be seriously intended and understood as such by the victim.

Taking Away Movable Property

As with theft, movable property belonging to another must be taken away – breaking existing custody and establishing new custody.

Intent to Appropriate

The perpetrator must intend to unlawfully appropriate the property.

Functional Connection

The decisive element is the functional connection between the means of coercion (force/threat) and the taking: the force or threat must be used as a means to enable the taking.

Typical Methods of Commission

Common scenarios include: street robbery (snatching handbags or mobile phones using force), armed robberies of shops, petrol stations, or kiosks, robbery on public transport, handbag snatching, robbery using firearms or knives, and targeting elderly or physically weaker persons.

Sentencing Range

Simple robbery carries imprisonment of not less than one year (maximum 15 years). In less serious cases, the sentence ranges from six months to five years. Aggravated robbery (Section 250 StGB) – for example with weapons or as part of a gang – carries a minimum of three years. Robbery resulting in death (Section 251 StGB) carries life imprisonment or not less than ten years. A suspended sentence is only possible in exceptional cases due to the minimum sentence.

Typical Defense Strategies

Defense focuses on: challenging the functional connection (force not used for the purpose of taking, but for another reason), distinguishing from robbery-like theft (Section 252 StGB), establishing a less serious case, identification problems in street robbery cases, challenging identification procedures (photo arrays, line-ups), exclusion of evidence from unlawful investigative measures, and negotiating a plea agreement (Section 257c StPO) where evidence is overwhelming.

Typical case groups in robbery (§ 249 StGB)

Robbery is a serious crime, punishable by imprisonment of not less than one year. For the defense, the distinction from theft, coercion and extortion is decisive – and whether force or a qualified threat actually existed.

Robbery-like theft

Where force is used only after the taking, in order to secure the loot, § 252 StGB may apply. The precise chronological sequence is central here for the legal classification and the sentence.

Aggravated robbery and imitation weapons

Carrying a weapon or a dangerous tool leads to § 250 StGB with a considerably increased sentencing range. Imitation weapons can also be covered – the assessment is frequently open to challenge.

Distinction from extortion

Whether an event is classified as robbery or robbery-like extortion depends on fine details of the course of events. This distinction can have a significant effect on sentencing.

Note: This information is general and does not replace advice in an individual case.

Summons or accusation of Robbery? 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 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.