Robbery in the First Degree is forcibly stealing property, however there must also be any one of the following:

  • A victim was seriously physically injured.
  • You were armed with a deadly weapon. A workable, operable gun is a deadly weapon, but there are many non-firearm weapons that qualify. What matters here is it was possessed, not that it was ever shown or used.
  • You used or threatened the use of a dangerous instrument. A dangerous instrument is most anything that can cause death or other serious physical injury.
  • You displayed or showed what appeared to be a firearm or gun, however, for this offense, you may assert an affirmative defense that the weapon was not operable or able to shoot. This is only a defense to Robbery in the First Degree, not Robbery in the Second or Third Degrees.