Robbery (§ 249 StGB) – Elements, Penalties and Defense

In brief: Robbery under § 249 StGB is a felony with a minimum sentence of one year. It combines a taking (as in theft) with a qualified coercive means – force against a person or a threat of present danger to life or limb. The defense focuses above all on the “final connection” between the coercion and the taking, on the intent to appropriate and on the assumption of a less serious case. Because of its felony character, early, specialized defense is decisive.

Robbery is one of the most serious property offenses because it combines an attack on property with an attack on the person. Unlike theft, no fine is possible here – a prison sentence is always imposed. This article explains the elements, the sentencing range, the distinctions and the concrete options for action.

Legal Framework and Structure

Several offenses with a graduated range are grouped around § 249:

• § 249 – robbery (basic offense): imprisonment not less than one year; in less serious cases six months to five years.
• § 250 – aggravated robbery: not less than three years (subsection 1, e.g. carrying a weapon, a dangerous instrument or a fake weapon, or a gang), not less than five years where a weapon is used or the victim is seriously abused. See our article on aggravated robbery (§ 250 StGB).
• § 251 – robbery causing death: not less than ten years or life imprisonment, where the offender at least recklessly causes a person’s death.
• § 252 – robbery-like theft: whoever, caught in the act, uses force to keep the loot is punished as a robber.
• § 255 – robbery-type extortion: punished the same as robbery (see our article on robbery-type extortion).

Elements of the Offense

Objective Elements

The offender must take away a movable object belonging to another and use a qualified coercive means to do so: either force against a person (a physically effective compulsion that breaks the victim’s resistance, such as holding, hitting or wrestling to the ground – even the covert administration of knock-out drops can be force) or a threat of present danger to life or limb (the express or implied threat of a serious harm, e.g. brandishing a real or apparent weapon). Force against property alone does not suffice.

Decisive is the final connection: the coercive means must be used precisely in order to enable the taking. If the force is applied only after a completed taking, out of anger or for other reasons, this connection is missing – then robbery is excluded. This is one of the most important starting points of the defense.

Subjective Elements

In addition to intent, the intent to appropriate is required. Whoever takes an object only to use it briefly or to enforce a supposed own claim acts without unlawful intent to appropriate; then at most coercion or theft comes into consideration.

Sentencing Range

The basic offense of § 249 provides for imprisonment not less than one year – robbery is thus a felony (§ 12(1) StGB) for which no fine is possible. In less serious cases (§ 249(2)) the penalty is six months to five years. The aggravations of §§ 250, 251 raise the minimum sentence to three, five or ten years, up to life imprisonment. A prison sentence of up to two years – attainable in practice only in a less serious case – can be suspended on probation (§ 56 StGB).

Distinction from Related Offenses

If the qualified coercive means is missing, the offense remains theft. If the taking is missing, extortion (§ 253) or robbery-type extortion (§ 255) may apply. If force is used only after the taking to secure the loot, robbery-like theft (§ 252) is present. In the classic bag-snatching case a distinction must be drawn: mere snatching by surprise is theft; only where the offender applies physical force against the victim’s resistance (holding, pulling, dragging to the ground) does it become robbery.

Typical Constellations

In practice we encounter above all bag-snatching and street robbery (the snatching/force distinction), the hold-up of petrol stations, kiosks or shops with a real or apparent weapon (then regularly § 250), robbery committed in a group (the question of joint perpetration and each person’s contribution) and offenses committed under substantial alcohol or drug influence (the question of capacity for guilt under §§ 20, 21 StGB).

Procedure and Mandatory Defense

Because robbery is a felony, there is always a case of mandatory defense (§ 140 StPO); defense counsel is appointed. Pre-trial detention is frequently at issue – besides risk of flight and of tampering, the ground of risk of repetition (§ 112a StPO) may be invoked for relevant repeat offenders. It is all the more important to take up the defense before the first interrogation.

Strategy and Options for Action

1. Remain Silent and Obtain File Access

Make no statement on the matter (§ 136 StPO); only after file inspection (§ 147 StPO) can the evidence – witnesses, video recordings, identification, traces – be assessed.

2. Challenge Perpetration

Especially in hold-ups, identification is often uncertain. Flawed photo line-ups, suggestive confrontations, poor visibility and mix-ups can shake the identification. Objective traces (DNA, fingerprints) must be critically examined.

3. Challenge the Final Connection

If the force was not used to enable the taking – for instance only afterwards out of anger – robbery is excluded; theft and bodily harm may remain, with a far milder range.

4. Missing Intent to Appropriate

If the accused did not want to keep the object but only to enforce a supposed claim or to use it briefly, the unlawful intent to appropriate is missing.

5. Less Serious Case

A spontaneous act, small loot, a subordinate role, an early confession, an apology or compensation can establish a less serious case and lower the minimum sentence to six months – often the precondition for probation.

6. Capacity, Exclusion of Evidence and Withdrawal

Consider diminished capacity for guilt (§ 21 StGB) in cases of substantial intoxication, prohibitions on the use of evidence (a missing caution, an unlawful search) and – in case of an attempt – an exempting withdrawal (§ 24 StGB). Victim-offender mediation (§ 46a StGB) has a mitigating effect.

Young and Adolescent Offenders

Robberies are frequently committed by young people. For juveniles and adolescents, juvenile criminal law with its educational purpose applies; educational measures and disciplinary means take precedence, and a youth sentence is the last resort. Diversion (§§ 45, 47 JGG) may also come into consideration.

Consequences of a Conviction

A conviction for robbery is entered in the Federal Central Criminal Register and – given the level of the sentence – regularly in the certificate of good conduct. Possible professional, firearms-law and – for foreign nationals – residence-law consequences up to expulsion may follow. Early steering toward a less serious case and probation is therefore of great importance.

Frequently Asked Questions

Is robbery always a felony?

Yes. § 249 provides a minimum sentence of one year; a fine is not possible. Only in a less serious case does the minimum fall to six months.

What distinguishes robbery from theft?

Robbery additionally requires force against a person or a qualified threat, used precisely to enable the taking.

Is probation possible for robbery?

Only if the imposed prison sentence does not exceed two years – in practice, in a less serious case.

What to do after arrest or a summons?

Remain silent immediately and instruct a defense lawyer; in case of pre-trial detention, work on suspension of the arrest warrant is a priority.

How We Can Help

In robbery cases the precise legal classification – final connection, intent to appropriate, less serious case – decides years of imprisonment and the question of probation. We defend you in Bonn and throughout the Rhineland; more on our page for criminal defense in Bonn.

This article provides a general overview and does not replace advice in an individual case. A reliable assessment is only possible after inspection of the file and a personal consultation.

Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.

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Last updated: July 2026