Aggravated Robbery (§ 250 StGB) – Qualified Elements, Penalties and Defense

In brief: Aggravated robbery under § 250 StGB is a qualification of robbery (§ 249) and a felony with a high minimum sentence: not less than three years (§ 250(1)), and not less than five years where a weapon is used or the victim is seriously abused (§ 250(2)). In less serious cases (§ 250(3)) the penalty is one to ten years. The defense focuses above all on refuting the qualifying element – weapon, dangerous instrument, fake weapon or gang – and thereby reducing the case to the basic offense or a less serious case.

Aggravated Robbery – § 250 StGB

§ 250 builds on robbery (§ 249 StGB) and substantially increases the range where particularly dangerous circumstances are added. Even the difference between merely carrying and actively using an instrument decides two years of minimum sentence. This article explains the qualifications, the range and the concrete options for action.

Legal Framework and Sentencing Range

§ 250 has two tiers:

• § 250(1) – not less than three years: where the offender or a participant carries a weapon or another dangerous instrument (no. 1a), carries another tool or means in order to prevent or overcome resistance by force or threat (no. 1b, covering the fake weapon), brings another person into danger of serious harm to health through the act (no. 1c), or robs as a member of a gang with the participation of another gang member (no. 2).
• § 250(2) – not less than five years: where the offender uses a weapon or dangerous instrument during the act (no. 1), in the gang cases carries a weapon (no. 2), or seriously physically abuses another person or brings them into danger of death (no. 3).
• § 250(3) – less serious cases: imprisonment from one to ten years.

Central Elements in Detail

Weapon and Dangerous Instrument

Weapons in the technical sense are objects designed by their nature to injure people (firearms, cutting and stabbing weapons). A dangerous instrument is any object capable, according to its concrete nature and use, of causing serious injuries – a knife, a screwdriver, a glass bottle. Merely carrying such an object suffices for § 250(1); its classification is often disputed and a central line of defense.

Carrying vs. Using

Merely carrying (subsection 1) only requires that the object is available within reach. Using (subsection 2) requires an active deployment as a coercive means – for instance brandishing or employing the weapon. Because the minimum sentence of three or five years depends on this, the distinction is often the decisive question.

The Fake Weapon

An objectively harmless fake weapon (such as a realistic toy pistol) is not a “dangerous instrument”, but may be covered as “another means” under subsection 1 no. 1b if used to threaten. Objects that are entirely harmless and obviously unsuitable to the victim can fall outside the scope.

Gang Membership

A gang requires the association of at least three persons for the continued commission of robbery or theft offenses, with the participation of another gang member. Whether a gang agreement really existed is frequently doubtful and open to challenge.

Typical Constellations

Of practical importance are the hold-up of petrol stations, kiosks or amusement arcades with a real or apparent weapon held out, street robbery with a knife, and offenses committed from a group in which only one participant is armed. Especially in the last constellation it must be carefully examined to whom the weapon can be attributed.

Procedure and Mandatory Defense

As with the basic offense, there is always a case of mandatory defense (§ 140 StPO). Given the high minimum sentences and the frequent pre-trial detention, early, specialized defense is especially important. The Regional Court is regularly competent.

Strategy and Options for Action

1. Refute the Qualifying Element

If the qualifying element can be dispelled – the object was not a dangerous instrument, there was no gang agreement – the act falls back to the basic offense of § 249, with a substantially milder range.

2. Carrying Instead of Using

If an active use cannot be proven, the case remains within subsection 1 (three instead of five years’ minimum). The offender must also be aware of carrying the object (knowledge).

3. Joint Perpetration and Attribution

Not every participant is automatically liable for another’s weapon. It must be examined whether the qualification was covered by the common plan – otherwise attribution is excluded.

4. Less Serious Case (§ 250(3) StGB)

A subordinate role, small loot, a confession, compensation or a particular conflict situation can establish a less serious case and lower the minimum sentence to one year.

5. Procedural Approaches

Consider prohibitions on the use of evidence (a missing caution, an unlawful search), the reliability of identifications and – in case of an attempt – an exempting withdrawal (§ 24 StGB).

6. Capacity and Cooperation

Substantial alcohol or drug influence may support diminished capacity for guilt (§ 21 StGB). Whoever contributes to solving offenses beyond their own act can obtain a sentence reduction under § 46b StGB (cooperation) – a path to be weighed carefully.

Consequences of a Conviction

A conviction for aggravated robbery is entered in the Federal Central Criminal Register and the certificate of good conduct. Because of the high minimum sentences, probation is practically excluded outside a less serious case. Professional and – for foreign nationals – residence-law consequences may follow.

Frequently Asked Questions

What distinguishes robbery from aggravated robbery?

Aggravated robbery requires an additional qualifying element – such as a weapon, a dangerous instrument, a fake weapon or a gang – and raises the minimum sentence to three or five years.

Does a toy pistol count?

A realistic fake weapon can be covered as “another means” under subsection 1 no. 1b. As a “dangerous instrument” it does not qualify, as it lacks objective dangerousness.

Is probation possible for aggravated robbery?

Only in a less serious case, where the imposed sentence does not exceed two years.

How We Can Help

In aggravated robbery, the precise classification of the qualifying element decides years of imprisonment. Those who remain silent early and work specifically on refuting the element, on the carrying/using distinction and on the less serious case can substantially influence the outcome. 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