Robbery is a crime of violence, whether the offender physically strikes a victim or merely threatens or intimidates someone, the 10th Circuit Court of Appeals in Denver ruled.
The decision released Wednesday has an impact on sentencing enhancement criteria, ensuring that in certain cases robbers could get lengthier prison terms.
A panel of appeals judges entered their ruling in the case of Paul Charles Crump, 26, overturning a lower court decision that found his offense was not a crime of violence.
“We disagree with the district courtap finding that robbery in Colorado does not require the use or threatened use of physical force against another person,” the panel wrote.
“[W]hether by force, or by threats or intimidation, we conclude that robbery in Colorado has as an element the use or threatened use of physical force against another person,” the appeals’ court ruled.
The judges remanded the case back to state court for resentencing.
The decision will extend Crump’s sentence because his robbery conviction in 2009 was his third conviction for a violent crime, triggering sentencing enhancement criteria.
