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Cafferty & Scheidegger, S.C.
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Racine & Kenosha Armed Robbery Lawyer- Cafferty & Scheidegger

Have you been charged with armed robbery in Racine, Kenosha or Walworth? Speak to our experienced team before you do anything else.

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Related Theft & Property Defense

Armed robbery is one of several theft and property-crime charges we defend across Southeastern Wisconsin. The same evidentiary and procedural discipline applies across all of them:

When dealing with an armed robbery case, any of a number of defenses may apply. Our experienced armed robbery defense attorneys start by analyzing all of the elements of the prosecution’s case and we challenge each and every one.

Armed robbery is a very serious charge and carries with it severe penalties. Because of this many elements are required for a conviction.

In Wisconsin, armed robbery requires that the following must be proven beyond reasonable doubt:

  • That the property in question was possessed by another person.
  • That the accused took the property from the person who possessed it and carried it away in their presence.
  • The property was taken with a clear intent to steal.
  • The accused either used or threatened force to take the property.

It is worth noting that armed robbery doesn’t just apply to cases involving a conventional weapon such as a knife or gun. The charge can be applied to cases that involve an object that is clearly designated a weapon. Or an otherwise ordinary object which is capable of causing bodily harm or death.

Sentences for Armed Robbery

In Wisconsin, armed robbery is a Class C felony and as such carries a penalty of up to 40 years in prison, with a maximum of up to 25 years of initial confinement and a maximum of 15 years of extended supervision, and a maximum fine of $100,000.

If you have been charged in Racine, Kenosha or Walworth you need an aggressive and experienced criminal defense lawyer. Having direct experience with these types of charges is a must. With a good defense, you may be able to lessen the charges against you or depending on the circumstances, have them dismissed completely.

Why Choose the Attorneys at Cafferty & Scheidegger?

Cafferty & Scheidegger is known for skilled and dedicated representation of our clients. We handle a wide variety of criminal defense matters. Our integrity and hard work has earned us the respect of our clients and peers. Our lawyers have 10.0 Superb Avvo Rating, and AV Preeminent® Martindale-Hubbell® Rating. We have been featured in Wisconsin Super Lawyers® for 2008-2022.

If you or your loved one has been charged with a crime, Contact the firm today. Get started with a free initial consultation with our criminal defense team and learn what your options and rights are. We realize someone charged with Armed Robbery may be unable to come to the office. If you or your loved one is in custody or unable to come to the office we can meet you.

Frequently Asked Questions

How long do you go to prison for armed robbery in Wisconsin?
Armed robbery under Wis. Stat. § 943.32(2) is a Class C felony, the second-most-serious felony class in the state. Maximum exposure is 40 years (up to 25 years initial confinement and 15 years extended supervision) plus a $100,000 fine. The actual sentence depends on prior record, weapon used, injury caused, and whether the case resolves by trial or plea.
What is the difference between robbery and armed robbery in Wisconsin?
Robbery under Wis. Stat. § 943.32(1) is a Class E felony with up to 15 years exposure. Armed robbery under Wis. Stat. § 943.32(2) requires that the defendant used or threatened use of a dangerous weapon, or threatened use of any article used or fashioned in a manner to lead the victim to reasonably believe it was a dangerous weapon. The weapon element jumps the case from Class E to Class C and triples the maximum prison exposure.
Does an object that is not a real gun count as a weapon for armed robbery?
Yes. Wisconsin courts have repeatedly held that a fake gun, a finger in a pocket, a toy pistol, or any object the defendant uses to make the victim reasonably believe it is a weapon satisfies the armed element under Wis. Stat. § 943.32(2). The State does not need to recover an actual firearm; the victim's reasonable perception is what controls.
What does the State have to prove for armed robbery in Wisconsin?
Under Wis. Stat. § 943.32(2) the State must prove beyond a reasonable doubt that property was in the possession of another, the defendant took and carried it away from the person or presence of the owner, the taking was with intent to steal, force or threat of force was used, and the defendant used or threatened use of a dangerous weapon. Failure on any single element is a not-guilty verdict on the armed-robbery count.
Can armed robbery be reduced to a lesser charge?
Sometimes. Common amendment patterns include reduction to robbery under Wis. Stat. § 943.32(1) when the weapon element is weak, theft from person under Wis. Stat. § 943.20 when force is contested, or possession of a dangerous weapon-related charge plus a lesser theft. The path depends on identification quality, victim cooperation, and corroborating evidence such as video and recovered property.
How long does an armed robbery conviction stay on your record in Wisconsin?
Permanently. Armed robbery is a Class C felony and is not eligible for expungement under Wis. Stat. § 973.015, which caps eligibility at offenses with maximum exposure of six years or less. A Class C felony conviction will appear on every background check for life unless reversed on appeal or pardoned by the governor.
Does armed robbery show up on a background check?
Yes, in every searchable database. Wisconsin's CCAP system displays the case publicly the day it is filed and continues to display it after conviction. Federal NICS, state licensing boards, and private background-screening companies will all surface a Class C felony armed-robbery conviction. Federal firearm rights are lost permanently under 18 U.S.C. § 922(g)(1).
Should I plead guilty to armed robbery?
Almost never as a first response. Class C felony exposure is too serious to resolve without first compelling the State to prove identification, weapon use, intent, and asportation. Many armed-robbery cases turn on shaky eyewitness identification or low-quality surveillance video. A defense attorney's job before any plea discussion is to test the State's proof on every element.
What defenses work against armed robbery charges in Wisconsin?
The most productive defenses are misidentification (especially in cross-racial or low-light identifications), challenging the weapon element when no weapon was recovered, lack of intent to permanently deprive (a coercion or claim-of-right argument in some scenarios), alibi backed by digital evidence, and Fourth Amendment suppression of recovered property or statements. Each is fact-driven and built off discovery, not generic argument.
How much does a Wisconsin armed robbery lawyer cost?
Felony defense at this exposure level is flat-fee in most cases. The range varies with charging tier, prior record, evidence volume (especially cases with extensive surveillance video or codefendants), whether motions practice is anticipated, and whether the case is set for trial. Free initial consultation lets you get a specific quote against the actual facts before committing.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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