Robbery is stealing by force. In Missouri, first degree robbery is a class A felony, punishable by 10 to 30 years or life, and it is a “dangerous felony” that generally requires serving 85 percent of a prison sentence before parole. It is frequently charged together with armed criminal action, which adds a consecutive sentence.
This guide covers first and second degree robbery under RSMo 570.023 and 570.025, what “forcibly steals” means, how robbery relates to other charges, and how robbery cases are defended.
The degrees
What is the difference between first and second degree robbery in Missouri?
Weapons and serious injury make it first degree.
Robbery in the first degree
Forcibly stealing property when the person or another participant: causes serious physical injury; is armed with a deadly weapon; uses or threatens the immediate use of a dangerous instrument; displays or threatens the use of what appears to be a deadly weapon or dangerous instrument; or steals a controlled substance from a pharmacy. A class A felony. RSMo 570.023.
Robbery in the second degree
Forcibly stealing property and, in the course of it, causing physical injury to another person. A class B felony, 5 to 15 years. RSMo 570.025.
First degree robbery does not require a real weapon. Displaying or threatening the use of something that appears to be a deadly weapon, such as a fake gun or a hand in a pocket presented as a gun, can be enough.
Penalties
What is the sentence for robbery in Missouri?
Among the most serious ranges in Missouri law.
- First degree robbery: class A felony, 10 to 30 years or life. As a dangerous felony, it generally requires serving 85 percent of the prison sentence before parole eligibility.
- Second degree robbery: class B felony, 5 to 15 years.
- Armed criminal action: often charged with first degree robbery, adding 3 to 15 years served consecutively, with no probation or parole for the first three years.
Prior felony findings can raise the range for second degree robbery. Robbery of a business engaged in interstate commerce can also be prosecuted federally under the Hobbs Act.
Related charges
What is the difference between robbery and stealing?
Force.
Robbery is stealing accomplished by force or the threat of immediate force, used to take the property or to keep it. Without force, the same taking is stealing. Taking property directly from a person without force, such as a purse snatch without a struggle, is generally stealing, a class D felony, rather than robbery.
Robbery also overlaps with burglary and assault. A charge of first degree robbery is often the most serious count in a multi-count case, and whether force was actually used is frequently the dividing line between a class A felony and a much lower charge.
Defenses
How do you defend a robbery charge in Missouri?
Identification, force, and the first degree factors.
- Identification. Many robbery cases rest on eyewitness identification, which is often unreliable, especially when a weapon, stress, or a brief encounter is involved. Lineup and photo array procedures matter.
- Force. Without force or a threat of immediate force, the case is not robbery.
- The weapon. Whether there was a deadly weapon, a dangerous instrument, or something that appeared to be one is a fact question.
- Participation. First degree robbery can be based on another participant’s weapon. Whether the person actually participated, and knew what others intended, must be proven.
- Ownership disputes. A claim of right to the property, such as taking back something the person believed was theirs, can affect the charge.
FAQ
Missouri robbery questions
Is robbery a class A felony in Missouri?
First degree robbery is a class A felony under RSMo 570.023. Second degree robbery is a class B felony under RSMo 570.025.
Is a fake gun first degree robbery in Missouri?
It can be. Displaying or threatening the use of what appears to be a deadly weapon or dangerous instrument is one of the ways to commit first degree robbery.
How much time do you serve for first degree robbery in Missouri?
The range is 10 to 30 years or life. Because it is a dangerous felony, a person generally must serve 85 percent of a prison sentence before parole eligibility.
Can I get probation for robbery in Missouri?
Probation is rare for first degree robbery, especially when armed criminal action is also charged. For second degree robbery, it depends on the facts and the record.
What is the difference between robbery and burglary?
Robbery is taking property by force from a person. Burglary is entering or remaining in a building unlawfully to commit a crime there. They can be charged together when both occur.
See our criminal defense page, or call 573-638-8529.
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Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri robbery law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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