Rhode Island Robbery Lawyer

Robbery prosecutions move fast. Within hours of an arrest, detectives may seek statements, execute search warrants on your home or vehicle, and pressure witnesses or co-defendants to implicate you. Identification procedures may already be underway. Evidence that could exonerate you—or condemn you—is being gathered while you wait to figure out your next move.

The decisions made in the first 24 to 72 hours after a robbery arrest often determine the trajectory of the entire case. Whether to speak to police. Whether to consent to searches. Whether to cooperate—or invoke your rights and demand counsel. These are not decisions that can be undone, and they should not be made without a Rhode Island robbery lawyer who understands what is actually at stake.

At Marin & Murphy Law Firm, we represent clients facing robbery, armed robbery, home invasion, carjacking, and other violent theft charges throughout Rhode Island. We understand the severity of these allegations and the urgency they demand. When you contact us, you speak directly with an attorney prepared to take immediate action—because in robbery cases, there is no time for delay.

Robbery in Rhode Island: Understanding the Severity of Your Legal Exposure

Rhode Island distinguishes between robbery and theft based on one critical factor: the use or threat of force against another person. While theft involves taking property unlawfully, robbery involves taking property from a person—or in their immediate presence—by violence, intimidation, or threat of harm.

This distinction transforms what might otherwise be a property crime into a violent felony. Prosecutors do not treat robbery as a theft case with additional facts. They treat it as an act of violence against a victim—and they pursue it accordingly.

Under Rhode Island General Laws § 11-39-1, first-degree robbery occurs when the offense involves the use of a dangerous weapon, results in serious bodily injury to the victim, or targets a person who is severely impaired or elderly. First-degree robbery is a capital offense carrying a mandatory minimum sentence of 10 years imprisonment with a maximum of life in prison, plus fines up to $15,000.

Under Rhode Island General Laws § 11-39-2, carjacking—taking a motor vehicle from another person by force or intimidation—is treated as first-degree robbery when serious bodily injury occurs. The penalties mirror those of armed robbery: 10 years to life imprisonment.

Beyond the primary charge, robbery prosecutions frequently include additional counts: conspiracy if multiple people were allegedly involved, assault charges if the victim sustained injuries, weapons offenses if a firearm was recovered or alleged, and felony murder charges if anyone died during the commission of the offense—even accidentally, even if you never intended harm.

These are not theoretical escalations. Rhode Island prosecutors routinely stack charges in robbery cases to maximize leverage. A single incident can generate five, ten, or more individual counts—each carrying its own potential sentence. This is not about justice; it is about pressure. Understanding this dynamic is essential to mounting an effective defense. A Rhode Island robbery defense attorney who has handled these cases before can help you navigate this pressure strategically.

Bail and Pretrial Detention in Rhode Island Robbery Cases

One of the most immediate concerns after a robbery arrest is whether you will be released or held in custody pending trial. In Rhode Island, first-degree robbery is classified as a capital offense—not because it carries the death penalty, but because it carries a potential life sentence. This classification has significant implications for bail.

Can You Be Held Without Bail for Robbery?

Yes. Under Rhode Island law, the prosecution has discretion to request that defendants charged with capital offenses—including first-degree robbery and armed robbery—be held without bail. If the State makes this request, the court can order you detained at the Adult Correctional Institutions (ACI) pending an evidentiary bail hearing.

What Happens at an Evidentiary Bail Hearing?

If you are held without bail at your arraignment, you are entitled to an evidentiary bail hearing within ten (10) days. At this hearing, the court applies a two-tiered analysis:

Tier 1: The prosecution must demonstrate that “proof of guilt is evident or the presumption of guilt is great.” This is not the beyond-a-reasonable-doubt standard used at trial—it is a lower threshold. The State presents witnesses and evidence, and your attorney has the opportunity to cross-examine and challenge the evidence.

Tier 2: Even if the State meets its burden under Tier 1, the court retains discretion to release you on bail. The court considers factors including your ties to the community, family connections, employment history, prior criminal record, flight risk, and whether your release poses a danger to the community.

How We Fight for Bail in Robbery Cases

Securing pretrial release in a robbery case requires aggressive advocacy from the moment of arrest. At Marin & Murphy, we work to:

• Challenge the sufficiency of the State’s evidence at the bail hearing, exposing weaknesses in identification, witness credibility, or the prosecution’s theory of the case
• Present evidence of your community ties, employment, family responsibilities, and lack of flight risk
• Argue for reasonable bail conditions that allow you to maintain employment and participate in your defense while ensuring court appearances
• File motions to reduce bail if initial conditions are set unreasonably high

If you or a family member has been arrested for robbery and is being held without bail—or is facing a bail amount you cannot afford—contact us immediately. The bail hearing may be your first opportunity to challenge the State’s case, and having an experienced Rhode Island robbery lawyer at that hearing can make the difference between pretrial freedom and months of incarceration awaiting trial.

How We Defend Robbery and Armed Robbery Cases

Robbery defense begins before the arraignment and often before charges are formally filed. If you contact us while under investigation—or immediately after arrest—our first objective is to protect you from making statements that could be used against you and to assess whether law enforcement has overreached in gathering evidence.

Many robbery convictions rest on flawed identifications. Eyewitness testimony is notoriously unreliable, particularly in high-stress situations involving weapons. Victims and witnesses often misremember faces, overestimate the duration of events, and identify suspects based on suggestion rather than genuine recognition. Attorney Stefanie A. Murphy has extensive experience challenging identification procedures and exposing the weaknesses in eyewitness accounts that prosecutors rely upon.

Search and seizure issues arise frequently in robbery investigations. Police may execute warrants based on questionable probable cause, conduct warrantless searches under exigent circumstances that do not actually exist, or seize evidence without proper authorization. When evidence is obtained unconstitutionally, we move to suppress it. In some cases, successful suppression motions eliminate the prosecution’s ability to proceed.

Co-defendant cases present particular challenges. When multiple people are accused of participating in a robbery, prosecutors often pit defendants against each other—offering favorable deals to those who cooperate and testify against others. Navigating these dynamics requires an attorney who understands the strategic landscape and can protect your interests without allowing you to become collateral damage in someone else’s defense.

Attorney Murphy’s courtroom record reflects her ability to handle these cases at the highest level. As reported by the Providence Journal, she successfully defended a client against murder charges in a case where co-defendants had already received life sentences—securing a full jury acquittal on all counts. That same tenacity and trial preparation applies to every robbery case we handle as Rhode Island robbery lawyers.

We do not approach robbery defense with a settlement-first mentality. While many cases resolve through negotiation, the strength of our negotiating position depends on our willingness and ability to go to trial. Prosecutors know which defense attorneys will actually try cases and which will ultimately capitulate. Our reputation for trial readiness shapes every conversation we have with the State.

Where Rhode Island Robbery Cases Are Prosecuted

Because first-degree robbery and armed robbery are felony offenses carrying potential life sentences, these cases are prosecuted in Rhode Island Superior Court—the state’s court of general jurisdiction for serious criminal matters. The specific courthouse depends on where the alleged offense occurred:

Providence and Bristol Counties: Frank Licht Judicial Complex, 250 Benefit Street, Providence. This courthouse handles the highest volume of robbery prosecutions in the state and is where the Rhode Island Attorney General’s office prosecutes the most serious violent felonies.

Kent County: Noel Judicial Complex, 222 Quaker Lane, Warwick. Robbery cases originating in Warwick, Coventry, West Warwick, Cranston, and surrounding communities are prosecuted here.

Newport County: Murray Judicial Complex, 45 Washington Square, Newport. Cases from Newport, Middletown, Portsmouth, Jamestown, and Aquidneck Island are heard in this historic courthouse.

Washington County: McGrath Judicial Complex, 4800 Tower Hill Road, Wakefield. South County robbery cases—including those from Westerly, Narragansett, South Kingstown, and Charlestown—are prosecuted here.

Our attorneys regularly appear in all four Superior Court locations. We understand the procedures, the prosecutors, and the expectations of each courthouse. This familiarity allows us to provide effective representation regardless of where in Rhode Island your case is pending. Whether you were arrested in downtown Providence or a smaller community in Washington County, we can represent you from arraignment through trial or resolution.

Robbery and Armed Robbery Cases We Handle

Armed Robbery and First-Degree Robbery

Armed robbery represents the most serious category of robbery offense in Rhode Island. Under § 11-39-1, when a defendant allegedly uses a dangerous weapon—or the victim reasonably believes a weapon is present—the charge elevates to first-degree robbery. Firearm involvement triggers mandatory minimum penalties of 10 years imprisonment. These cases require a Rhode Island armed robbery lawyer who understands weapons-enhancement statutes, ballistics evidence, and the constitutional issues surrounding weapon possession allegations. If you are facing armed robbery charges, the prosecution is seeking significant prison time, and your defense must be prepared to match that intensity.

Second-Degree Robbery and Unarmed Robbery

Robbery without a weapon—or without evidence that the victim believed a weapon was present—may be charged as second-degree robbery under § 11-39-1(b). While less severe than first-degree charges, second-degree robbery remains a serious violent felony with substantial prison exposure: 5 to 30 years imprisonment and fines up to $10,000. Prosecutors often overcharge cases as first-degree robbery to create plea leverage, making accurate charge assessment critical to developing an effective defense strategy.

Home Invasion and Residential Robbery

When robbery occurs in a residence—particularly while occupants are present—charges may include home invasion in addition to robbery. Home invasion carries its own severe penalties and dramatically increases overall exposure. These cases often involve complex fact patterns, including questions about forced entry, identity, and the circumstances under which occupants were confronted. We handle home invasion defense throughout Rhode Island, including cases involving allegations of violence against residents.

Carjacking

Carjacking—taking a motor vehicle from its driver or occupant by force or intimidation—is prosecuted aggressively in Rhode Island under § 11-39-2. These cases frequently involve disputed identifications, surveillance footage of varying quality, and allegations that may implicate multiple defendants. A carjacking conviction carries substantial prison time and permanent consequences. We defend carjacking charges with the same rigor we apply to any violent felony allegation.

Commercial Robbery and Business Robbery

Robberies involving retail establishments, convenience stores, banks, or other commercial targets are often investigated by specialized units and may involve federal charges if financial institutions are targeted. These cases typically feature extensive surveillance evidence, but that evidence is not always as clear as prosecutors suggest. Footage quality, camera angles, and identification procedures all present opportunities for defense. We examine every frame of video evidence and every identification procedure to ensure the State can actually prove what it claims.

Robbery Resulting in Injury or Death

When a robbery victim is seriously injured—or when someone dies during the commission of a robbery—the consequences escalate to the most severe level. Rhode Island’s felony murder doctrine means that a defendant can face murder charges for any death that occurs during the commission of certain felonies, including robbery, even if the death was accidental or caused by someone else. These cases demand immediate, intensive defense. If you are facing robbery charges that may involve injury or death, contact us immediately.

Multiple-Defendant and Conspiracy Cases

Many robbery prosecutions involve allegations against multiple defendants, often with claims that some participants played lesser roles—serving as lookouts, getaway drivers, or planners rather than direct perpetrators. Rhode Island law, however, makes all participants in a robbery equally liable for the conduct of their co-conspirators. This means someone who never entered a building or touched a victim can face the same charges as the person who allegedly committed the robbery itself. Defending these cases requires careful attention to the evidence against each defendant individually and strategic coordination with counsel for other defendants where appropriate.

Penalties and Long-Term Consequences

Rhode Island robbery convictions carry severe penalties that extend far beyond the immediate sentence:

First-Degree Robbery (§ 11-39-1): Mandatory minimum of 10 years imprisonment; maximum of life imprisonment; fines up to $15,000. Judges cannot reduce mandatory minimums regardless of mitigating circumstances.

Second-Degree Robbery (§ 11-39-1(b)): Minimum 5 years imprisonment; maximum 30 years imprisonment; fines up to $10,000. Still classified as a violent felony.

Carjacking with Serious Injury (§ 11-39-2): Treated as first-degree robbery with identical penalties: 10 years to life imprisonment.

Beyond incarceration, a robbery conviction creates a permanent violent-felony record. This designation affects employment for the rest of your life, particularly in fields requiring background checks, professional licensing, or positions of trust. Housing applications, educational opportunities, and financial services all become more difficult to access with a violent felony on your record.

Federal consequences may apply. Armed robbery involving firearms can trigger federal weapons charges. Robbery of federally insured financial institutions is a federal offense. These federal enhancements dramatically increase prison exposure and remove cases from Rhode Island’s sentencing framework entirely.

Probation and parole violations from prior offenses compound the exposure. If you are currently on supervision for any offense, a robbery arrest—even before conviction—can trigger immediate revocation proceedings. The consequences of a robbery case often begin before the robbery case itself is resolved.

Understanding the full scope of your exposure is the first step in developing a defense strategy. When you meet with us, we assess not only the robbery charges you face but every collateral consequence that may follow—and we build a defense that accounts for your entire situation.

Why Experience Matters in Violent Felony Defense

Robbery cases are not resolved by attorneys who approach criminal defense casually. They require lawyers who have tried serious felony cases to verdict, who understand the constitutional issues that arise in violent crime prosecutions, and who have the credibility with prosecutors and judges that comes only from demonstrated courtroom ability.

Attorney Stefanie A. Murphy brings this experience to every robbery case she handles. The Providence Journal has identified her as defense counsel in some of Rhode Island’s most significant criminal matters, including a murder trial resulting in full acquittal, high-profile felony jury trials involving institutional defendants, and complex post-conviction litigation challenging wrongful convictions through DNA evidence. These cases represent the kind of high-stakes criminal defense that translates directly to robbery defense at the highest level.

Her expertise extends beyond the courtroom. As lead editor and contributing author of A Practical Guide to Trying DUI Cases in Rhode Island (MCLE New England, 2nd Edition 2024), Murphy has demonstrated the kind of substantive legal knowledge that underpins effective trial advocacy. She has been invited by the Rhode Island Municipal Police Training Academy to lecture on criminal trial practice to incoming police recruits—a recognition of her standing within the Rhode Island legal community that few defense attorneys achieve.

When you face robbery charges, you need a Rhode Island robbery lawyer whose experience matches the severity of the allegations. At Marin & Murphy, that is exactly what you receive.