What's the minimum sentence for robbery in Pennsylvania?

There is no automatic mandatory minimum for a first robbery conviction; the sentence depends on the felony grade, the offense gravity score, and the defendant's prior record score under the sentencing guidelines. A mandatory minimum of 10 years only applies under 42 Pa.C.S. § 9714 if the defendant has a prior conviction for robbery or another enumerated crime of violence, and that mandatory is subject to Alleyne's requirement that the triggering fact be found by a jury.

Can robbery charges be reduced to theft in PA?

Sometimes, where the force or threat element is genuinely weak or disputed. If the evidence shows only a taking without credible proof of force or a threat connected to it, negotiating the charge down to theft under § 3921 or a related theft offense — which carries far lower exposure — is a realistic goal.

Is robbery considered a strike offense in Pennsylvania?

Robbery is enumerated as a 'crime of violence' under 42 Pa.C.S. § 9714, which functions similarly to a strike provision — a second conviction for robbery or another listed violent offense triggers a 10-year mandatory minimum sentence. It is not part of the federal three-strikes system, but its effect on future sentencing exposure is comparably serious.

Does a robbery conviction take away my right to own a gun?

Yes, in most cases. Robbery is typically graded as a felony punishable by more than one year, which triggers a firearms disability under 18 Pa.C.S. § 6105 as well as corresponding federal restrictions. That disability generally continues unless and until the conviction is addressed through the limited relief mechanisms available under Pennsylvania and federal law.

What's the difference between robbery and burglary in Pennsylvania?

Robbery under § 3701 involves a theft committed with force or the threat of force directly against a person. Burglary under § 3502 involves unlawfully entering a building or occupied structure with intent to commit a crime inside, regardless of whether force is used against anyone. The two are frequently charged together where an intruder confronts an occupant during a break-in, but they target different conduct and carry separate statutory maximums.

Assault & Violent Crimes · Robbery

Robbery is a felony built on two separate elements — both have to hold up.

Robbery under Pennsylvania law is a theft plus force, or the threat of force, and prosecutors are aggressive about charging it at the highest grade the facts arguably support. It's classified as a 'crime of violence,' ARD is essentially never on the table, and a second conviction can trigger a ten-year mandatory minimum. But robbery is also an offense where the grading swings dramatically based on facts that are genuinely disputable — how much force was actually used, whether an injury was threatened or caused, and what, if anything, was actually taken. Those distinctions are where the exposure gets fought.

(717) 724-7503 Schedule a consultation

How Pennsylvania grades it

Robbery Defense in Pennsylvania.

Robbery under 18 Pa.C.S. § 3701 is graded across three felony tiers depending on the conduct during the theft. It is a first-degree felony, carrying up to 20 years under § 1103, where the actor inflicts serious bodily injury, threatens serious bodily injury, or commits or threatens to commit any felony of the first or second degree during the course of committing the theft. It is a second-degree felony, carrying up to 10 years, where the actor inflicts bodily injury or threatens another with, or intentionally puts another in fear of, immediate bodily injury. It is a third-degree felony, carrying up to 7 years, under § 3701(a)(1)(v), where the actor physically takes property from another by force, however slight — the lowest tier, often applied to purse-snatching or similar takings without a weapon or a real threat of harm. Separately, taking a motor vehicle from another person's immediate control by force or threat of force is generally charged and graded independently from ordinary robbery, and that theory should be evaluated on its own facts rather than folded into the standard § 3701 tiers. Robbery is enumerated as a 'crime of violence' under 42 Pa.C.S. § 9714, meaning a second conviction for robbery or another listed crime of violence triggers a 10-year mandatory minimum sentence, subject to the jury fact-finding requirements set out in Alleyne v. United States. The deadly weapon sentencing enhancement under § 303.10 frequently applies where any weapon, real or simulated, was possessed or displayed during the offense, and can meaningfully raise the guideline range even at the lowest statutory grade.

Statute: 18 Pa.C.S. § 3701[1][2]

Defenses & record relief

ARD is essentially unavailable for robbery given its classification as a crime of violence, so the realistic defense goals are contesting identification and the grading tier, negotiating a reduction to a lower § 3701 tier or a related theft offense, and — where self-defense under § 505 or defense of property genuinely applies to the encounter — litigating that justification directly rather than assuming a conviction is inevitable.

self-defense vs. assault charges · ARD program lawyer · preliminary hearing lawyer

Robbery Defense: offense grading and maximum exposure under 18 Pa.C.S. § 3701
Offense & grading	Maximum exposure
Robbery — F1 § 3701(a)(1)(i)–(ii) Serious bodily injury inflicted or threatened, or commission/threat of a first- or second-degree felony during the theft.	Up to 20 years, $25,000 fine
Robbery — F2 § 3701(a)(1)(iii)–(iv) Bodily injury inflicted, or the victim intentionally placed in fear of immediate bodily injury.	Up to 10 years, $25,000 fine
Robbery — F3 § 3701(a)(1)(v) Property physically taken from another by force, however slight — the lowest robbery tier, with no weapon or serious threat required.	Up to 7 years, $15,000 fine
Robbery of a motor vehicle Taking a vehicle from a person's immediate control by force or threat; evaluated on its own statutory elements rather than the standard robbery tiers.	Felony exposure, graded separately from § 3701
Second conviction of a crime of violence — § 9714 mandatory minimum Applies where the defendant has a prior conviction for robbery or another enumerated crime of violence; subject to Alleyne's jury fact-finding requirement.	10-year mandatory minimum
Deadly weapon enhancement — § 303.10 Applies where a weapon, real or simulated, was possessed or used during the robbery, regardless of the statutory grade.	Elevated guideline range

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, the deadly-weapon enhancement, and county practice.

Jurisdiction & court process

Where a robbery case is heard.

Preliminary arraignment and hearing at the magisterial district court

A robbery arrest almost always leads to a preliminary arraignment before a magisterial district judge, with bail set significantly higher than in most misdemeanor cases given robbery's classification as a felony and crime of violence. At the preliminary hearing, the Commonwealth must establish a prima facie case on both the theft element and the force or threat element — and the grading tier itself is often contestable at this stage, since the difference between an F1, F2, and F3 can turn on exactly what was said or done during the encounter.

Court of Common Pleas — Dauphin, Cumberland, York, and Adams counties

Once held for court, a robbery case proceeds through formal arraignment, pretrial motions, and — absent a resolution — trial in the county Court of Common Pleas. Each of these counties treats robbery as a serious violent-felony filing, with correspondingly limited appetite for informal reductions; identification evidence, surveillance footage, and any co-defendant statements are typically the focus of pretrial litigation before any plea discussion becomes realistic.

How the DA's office screens the file

Prosecutors in Dauphin, Cumberland, and York counties evaluate the strength of the identification, the presence or absence of a weapon, whether any injury actually occurred, the defendant's prior record, and whether the case is chargeable at a lower § 3701 tier than initially filed. A weak identification, no weapon, and no injury are the strongest levers for negotiating the grade down from an F1 or F2 toward an F3, or toward a related theft offense.

Collateral consequences: firearms, immigration, and employment

A robbery conviction is a qualifying offense that can trigger a firearms disability under 18 Pa.C.S. § 6105, and as an enumerated crime of violence it carries heightened exposure under § 9714 for any future offense. Robbery convictions are also treated as serious crimes for immigration purposes and can be disqualifying for a wide range of employment and professional licensing, which is why fighting the grading and, where possible, the conviction itself matters well beyond the sentencing range.

How we defend robbery cases.

Contest the identification
Robbery cases frequently rest on eyewitness identification made under stressful, brief conditions. Suggestive photo arrays, cross-racial identification issues, and inconsistent descriptions are all legitimate grounds to challenge the Commonwealth's core evidence.
Attack the grading, not just the conviction
Because § 3701 has three distinct felony tiers, disputing whether serious bodily injury, bodily injury, or only a bare taking-by-force occurred can move a case from a 20-year F1 exposure down to a 7-year F3 exposure even without contesting guilt outright.
Separate mere theft from robbery's force element
Robbery requires force or a threat of force connected to the theft. A theft that involved no physical contact, or force that occurred well after the property was already taken, may not meet the statutory definition of robbery at all.
Challenge intent and claim of right
Where the defendant had an honest, even if mistaken, claim of right to the property, or where the encounter was a dispute rather than a predatory taking, the theft element itself can be contested.
Litigate the weapon and identification evidence together
Where a weapon enhancement is alleged, the actual weapon, its recovery, and any forensic connection to the defendant deserve independent scrutiny — an unrecovered or unconnected weapon can undercut both the grading and the § 9714 exposure.
Assess co-defendant and accomplice liability carefully
Robbery cases frequently involve multiple participants, and accomplice liability requires proof of shared intent, not mere presence. A getaway driver or bystander charged as a principal is often over-charged relative to their actual role.

Where we appear

Violent-crime defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other violent-crime charges we defend.

FAQ

Frequently asked questions.

Common questions about robbery charges in Pennsylvania — grading, penalties, defenses, and record consequences.

There is no automatic mandatory minimum for a first robbery conviction; the sentence depends on the felony grade, the offense gravity score, and the defendant's prior record score under the sentencing guidelines. A mandatory minimum of 10 years only applies under 42 Pa.C.S. § 9714 if the defendant has a prior conviction for robbery or another enumerated crime of violence, and that mandatory is subject to Alleyne's requirement that the triggering fact be found by a jury.
Sometimes, where the force or threat element is genuinely weak or disputed. If the evidence shows only a taking without credible proof of force or a threat connected to it, negotiating the charge down to theft under § 3921 or a related theft offense — which carries far lower exposure — is a realistic goal.
Robbery is enumerated as a 'crime of violence' under 42 Pa.C.S. § 9714, which functions similarly to a strike provision — a second conviction for robbery or another listed violent offense triggers a 10-year mandatory minimum sentence. It is not part of the federal three-strikes system, but its effect on future sentencing exposure is comparably serious.
Yes, in most cases. Robbery is typically graded as a felony punishable by more than one year, which triggers a firearms disability under 18 Pa.C.S. § 6105 as well as corresponding federal restrictions. That disability generally continues unless and until the conviction is addressed through the limited relief mechanisms available under Pennsylvania and federal law.
Robbery under § 3701 involves a theft committed with force or the threat of force directly against a person. Burglary under § 3502 involves unlawfully entering a building or occupied structure with intent to commit a crime inside, regardless of whether force is used against anyone. The two are frequently charged together where an intruder confronts an occupant during a break-in, but they target different conduct and carry separate statutory maximums.

[1]18 Pa.C.S. § 3701 — Robbery — F1 for serious bodily injury or the threat of a first- or second-degree felony; F2 for bodily injury inflicted or threatened; F3 for taking property from another by force however slight.
[2]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
[3]42 Pa.C.S. § 9714 — Sentences for second and subsequent offenses — 10-year mandatory minimum for a second conviction of a 'crime of violence,' which includes aggravated assault and robbery.
[4]Alleyne v. United States, 570 U.S. 99 (2013) — Any fact increasing a mandatory minimum sentence is an element that must be found by a jury beyond a reasonable doubt — the basis for Pennsylvania decisions striking several mandatory-minimum procedures.
[5]204 Pa. Code § 303.10 — Sentencing guidelines — deadly weapon enhancement (possessed and used matrices) raising the standard range where a deadly weapon was possessed or used during the offense.
[6]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
[7]18 Pa.C.S. § 2702 — Aggravated assault — F1 for serious bodily injury caused or attempted; F2 for bodily injury with a deadly weapon or against an enumerated victim.
[8]Pa.R.Crim.P. 300–320 — Accelerated Rehabilitative Disposition — the rules governing ARD admission, conditions, removal, and dismissal in non-DUI cases.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

Free Consultation

The sooner we talk, the more we can do.

Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.