(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
(2) Repealed.
(3) Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).
(4) If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-302. L. 77: (1)(b) amended, p. 963, § 23, effective July 1. L. 86: (4) added, p. 777, § 9, effective July 1. L. 89: (1)(d) added and
(2) repealed, pp. 831, 861, §§ 43, 156, effective July 1. L. 90: (1)(c) amended, p. 925, § 9, effective March 27. L. 2002: (4) amended, p. 1515, § 197, effective October 1. L. 2004: (3) amended, p. 636, § 8, effective August 4.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
Notes of Decisions
Cited in
211
cases (
20 in the last 5 years), 1975–2026 · leading case:
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016).
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016).
· cites it 20× “¶44 During trial, the prosecution moved to amend the information to charge aggravated robbery under section 18-4-302(1)(b) and to allege that Manyik knowingly took a thing of value, namely: a cell phone, from the person or presence of [the victim], by the use of force, threats,…”
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016).
· cites it 11× “§ 18-4-302(4); see also §§ 18-1.3-401(8)(a)(I), -406(l)(a), C.”
People v. Smith, 620 P.2d 232 (Colo. 1981).
· cites it 22× “The defendant, Phillip Smith, was convicted by a jury of the offense of aggravated robbery in violation of section 18-4-302, C.R.S. 1973 (1978 Repl.”
v. Sauser, 2020 COA 174 (Colo. Ct. App. 2021).
· cites it 4× “” § 18-4-302(1)(b) (emphasis added). In contrast, a person commits felony menacing “if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury” by use of a “deadly weapon or any article used or…”
People v. Marquez, 692 P.2d 1089 (Colo. 1984).
· cites it 18× “The trial court instructed the jury pursuant to section 18-4-302, 8 C.R.S. (1978), that aggravated robbery can be committed in alternative ways, involving different acts and different culpable mental states.”
People v. Raymer, 662 P.2d 1066 (Colo. 1983).
· cites it 15× “8), and aggravated robbery, section 18-4-302, C.R.S.1973 (1978 Repl.Vol.”
People v. Ledman, 622 P.2d 534 (Colo. 1981).
· cites it 15× “Under the pertinent provisions of section 18-4-302(1), C.R.S. 1973 (1978 Repl.”
People v. Rodriguez, 914 P.2d 230 (Colo. 1996).
· cites it 4× “The prosecution charged Rodriguez with aggravated robbery under section 18-4-302, 8 C.R.S. (1978), and the trial court provided the jury with the following instruction: INSTRUCTION NO.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
· cites it 16× “For instance, subparagraph (E) refers to “Aggravated robbery,” which describes not only the three non-per se forms of aggravated robbery under section 18-4-302, but also aggravated robbery as described in section 18-4-302(l)(b), a per se crime of violence.”
People v. Fuller, 791 P.2d 702 (Colo. 1990).
· cites it 8× “NOTES [1] Section 18-4-302, 8B C.R.S. (1986). [2] Section 18-3-302, 8B C.”
People v. Aragon, 653 P.2d 715 (Colo. 1982).
· cites it 12× “Aragon, appeals from his conviction of aggravated robbery, section 18-4-302, C.R.S.1973 (1978 Repl.Vol.”
— Colo. Rev. Stat. § 18-4-302(1) — 16 cases
People v. Raymer, 662 P.2d 1066 (Colo. 1983).
“8), and aggravated robbery, section 18-4-302, C.R.S.1973 (1978 Repl.Vol.”
People v. Ledman, 622 P.2d 534 (Colo. 1981).
“Under the pertinent provisions of section 18-4-302(1), C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-4-302(1)(a) — 12 cases
People v. Ledman, 622 P.2d 534 (Colo. 1981).
“Under the pertinent provisions of section 18-4-302(1), C.R.S. 1973 (1978 Repl.”
v. Leyba, 2019 COA 144 (Colo. Ct. App. 2019).
— Colo. Rev. Stat. § 18-4-302(1)(b) — 33 cases
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016).
“¶44 During trial, the prosecution moved to amend the information to charge aggravated robbery under section 18-4-302(1)(b) and to allege that Manyik knowingly took a thing of value, namely: a cell phone, from the person or presence of [the victim], by the use of force, threats,…”
v. Sauser, 2020 COA 174 (Colo. Ct. App. 2021).
“” § 18-4-302(1)(b) (emphasis added). In contrast, a person commits felony menacing “if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury” by use of a “deadly weapon or any article used or…”
People v. Smith, 620 P.2d 232 (Colo. 1981).
“The defendant, Phillip Smith, was convicted by a jury of the offense of aggravated robbery in violation of section 18-4-302, C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-4-302(1)(c) — 4 cases
— Colo. Rev. Stat. § 18-4-302(1)(d) — 6 cases
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016).
“¶44 During trial, the prosecution moved to amend the information to charge aggravated robbery under section 18-4-302(1)(b) and to allege that Manyik knowingly took a thing of value, namely: a cell phone, from the person or presence of [the victim], by the use of force, threats,…”
v. Palmer, 2018 COA 38 (Colo. Ct. App. 2018).
— Colo. Rev. Stat. § 18-4-302(2) — 10 cases
— Colo. Rev. Stat. § 18-4-302(3) — 13 cases
People v. Fuller, 791 P.2d 702 (Colo. 1990).
“NOTES [1] Section 18-4-302, 8B C.R.S. (1986). [2] Section 18-3-302, 8B C.”
— Colo. Rev. Stat. § 18-4-302(4) — 14 cases
People v. Manyik, 2016 COA 42 (Colo. Ct. App. 2016).
“¶44 During trial, the prosecution moved to amend the information to charge aggravated robbery under section 18-4-302(1)(b) and to allege that Manyik knowingly took a thing of value, namely: a cell phone, from the person or presence of [the victim], by the use of force, threats,…”
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016).
“§ 18-4-302(4); see also §§ 18-1.3-401(8)(a)(I), -406(l)(a), C.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
“For instance, subparagraph (E) refers to “Aggravated robbery,” which describes not only the three non-per se forms of aggravated robbery under section 18-4-302, but also aggravated robbery as described in section 18-4-302(l)(b), a per se crime of violence.”
— Colo. Rev. Stat. § 18-4-302(8) — 1 case
— Colo. Rev. Stat. § 18-4-302(a) — 2 cases
People v. Marquez, 692 P.2d 1089 (Colo. 1984).
“The trial court instructed the jury pursuant to section 18-4-302, 8 C.R.S. (1978), that aggravated robbery can be committed in alternative ways, involving different acts and different culpable mental states.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
“For instance, subparagraph (E) refers to “Aggravated robbery,” which describes not only the three non-per se forms of aggravated robbery under section 18-4-302, but also aggravated robbery as described in section 18-4-302(l)(b), a per se crime of violence.”
— Colo. Rev. Stat. § 18-4-302(b) — 2 cases
People v. Marquez, 692 P.2d 1089 (Colo. 1984).
“The trial court instructed the jury pursuant to section 18-4-302, 8 C.R.S. (1978), that aggravated robbery can be committed in alternative ways, involving different acts and different culpable mental states.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
“For instance, subparagraph (E) refers to “Aggravated robbery,” which describes not only the three non-per se forms of aggravated robbery under section 18-4-302, but also aggravated robbery as described in section 18-4-302(l)(b), a per se crime of violence.”
— Colo. Rev. Stat. § 18-4-302(l)(a) — 12 cases
People v. Ledman, 622 P.2d 534 (Colo. 1981).
“Under the pertinent provisions of section 18-4-302(1), C.R.S. 1973 (1978 Repl.”
Terry v. People, 977 P.2d 145 (Colo. 1999).
“For instance, subparagraph (E) refers to “Aggravated robbery,” which describes not only the three non-per se forms of aggravated robbery under section 18-4-302, but also aggravated robbery as described in section 18-4-302(l)(b), a per se crime of violence.”
— Colo. Rev. Stat. § 18-4-302(l)(a)(b) — 1 case
— Colo. Rev. Stat. § 18-4-302(l)(b) — 28 cases
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016).
“§ 18-4-302(4); see also §§ 18-1.3-401(8)(a)(I), -406(l)(a), C.”
People v. Aragon, 653 P.2d 715 (Colo. 1982).
“Aragon, appeals from his conviction of aggravated robbery, section 18-4-302, C.R.S.1973 (1978 Repl.Vol.”
People v. Smith, 620 P.2d 232 (Colo. 1981).
“The defendant, Phillip Smith, was convicted by a jury of the offense of aggravated robbery in violation of section 18-4-302, C.R.S. 1973 (1978 Repl.”
— Colo. Rev. Stat. § 18-4-302(l)(c) — 5 cases
— Colo. Rev. Stat. § 18-4-302(l)(d) — 4 cases
People v. Manyik, 383 P.3d 77 (Colo. Ct. App. 2016).
“§ 18-4-302(4); see also §§ 18-1.3-401(8)(a)(I), -406(l)(a), C.”
— Colo. Rev. Stat. § 18-4-302(l)(e) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.