Robbery and Aggravated Robbery in Frankfurt (§§ 249, 250 StGB) – Criminal Defence & Nationwide Representation
An allegation of robbery hits hard: it couples a qualified attack on a person’s freedom of decision with an interference in property. Legally, robbery (§ 249 StGB) requires the taking of another’s movable property by violence against a person or by threat of present danger to life or limb, driven by an intention to appropriate. Early, consistent criminal defence preserves room for manoeuvre, minimises risk and creates clarity — in Frankfurt and nationwide. For the path of proceedings see the Course of Criminal Proceedings.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
Problem: What is at stake in robbery cases?
The offence is severe: the statutory minimum sentence is one year’s imprisonment. If a weapon is carried or the offender acts as a member of a gang, the framework increases significantly under § 250 StGB (aggravated robbery). Investigations often trigger intrusive measures early on — from searches and seizures to arrest warrants. A proactive strategy from the outset is therefore crucial. See also German Criminal Procedure.
Three issues are typically disputed: (1) the use of a qualified means of coercion (violence or threat of present danger), (2) the final link between coercion and taking (the coercion must enable the taking), and (3) the distinction from robbery-extortion. Added to this are the qualifications of aggravated robbery (§ 250 StGB) with markedly higher minimum sentences — e.g. carrying or using a weapon.
Solution: Structured defence — fast, precise, forward-looking
At Buchert Jacob Peter we combine long-standing experience in complex robbery proceedings with clear case management. We take over communication immediately and secure the factual basis via access to the file. Until then, use your right to remain silent — no statements without advice. With the sentencing framework in mind, we test de-escalation strategies up to avoiding qualifying elements under § 250 (e.g. where merely “carrying” was wrongly treated as “using”).
Depending on the facts, we pair classic defence with corporate-crime expertise — for example where allegations arise around cash handling, courier routes or security processes. Interfaces with workplace duties are considered as part of the overall strategy.
Approach: How we work in cases under § 249 StGB
- Immediate protection: contact, shielding from hasty statements, control of appointments and measures.
- Rapid file access; robust analysis of evidence, CCTV, forensics and traces.
- Precise review of violence/threat, “present danger”, final link and plausible alternative interpretations.
- Securing exculpatory material: witnesses, location data, communications, process documentation.
- Targeted motions, procedural economy, preparation for main hearing and appeal routes.
Legal overview: Core elements of robbery
1) Means of coercion: violence or threat of present danger
Violence means physical force against a person. A threat requires announcing harm that, in human experience, can materialise now. Key factors: realistic immediacy to life or limb, proximity, seriousness and how the victim perceives it.
2) Taking (Wegnahme) and intention to appropriate
Taking is breaking the victim’s control and establishing new control against or without the owner’s will. There must be an intention to appropriate for oneself or a third party. No robbery if such intent is absent (e.g. grabbing only to discard). We scrutinise whether appropriation intent existed already during the coercive act.
3) Final link — often decisive
The violence or threat must enable the taking. Classic “handbag” examples illustrate the line: if force breaks resistance to take, robbery is likely; if cunning speed achieves the taking and coercion follows only afterwards, this points to theft with coercion. This fine line is defence-critical and fact-sensitive.
Robbery vs. robbery-extortion
Robbery is a special case of extortion; the line is drawn by the outward appearance: taking against the victim’s will (robbery) versus handing over due to threats (extortion). The classification often determines the sentencing range — we develop persuasive arguments from video, timing and documented sequences. For thresholds of state action see Initial Suspicion and Summons for Interrogation.
Sentencing, qualifications & less serious cases
- Basic offence (§ 249 StGB): minimum one year’s imprisonment; in less serious cases, six months to five years.
- Aggravated robbery (§ 250 StGB): carrying a weapon/dangerous instrument → minimum three years; using it as a threat or weapon → minimum five years; likewise for armed gang robbery.
- Defence focus: “carrying” is not automatically “using”; perception by the victim, distance and timing matter.
Tactics in the investigation: set the course early
We test whether the threshold from initial suspicion to sufficient suspicion is truly met before indictment. Many cases can be steered by precise fact-work and reasoned submissions — up to procedural solutions. If charges are filed, we structure the main hearing, evidence motions and, where appropriate, calibrated agreements without weakening the defence. On venues and expected sentences see Local Court.
Compliance & corporate context
Robbery allegations sometimes arise around cash transport, tills, gate services or supply chains. We combine defence with internal measures — risk analysis, process adjustments and documentation — to manage legal and reputational exposure.
FAQ – Robbery (§ 249 StGB)
- How does robbery differ from theft and coercion?
Robbery merges a taking (as in theft) with a qualified coercive act. If coercion did not enable the taking, classification may drop. - Is every “handbag snatch” robbery?
No. It depends on whether force broke resistance. Where speed and cunning dominate without force, theft with coercion may fit better. - What is a “present danger” in threats?
A realistic, near-term danger to life or limb. Context (proximity, means, victim’s perception) decides. - When is aggravated robbery made out?
Carrying a weapon/dangerous instrument lifts the minimum to three years; using it lifts to five years. Whether “use” occurred needs close factual review. - Why is file access crucial?
Only access to the file shows the evidence. Until then, rely on your right to remain silent.
Call-to-Action: Get advice on §§ 249, 250 StGB now
Facing a robbery allegation? We advise discreetly, precisely and quickly — in Frankfurt and across Germany. Arrange a short-notice first assessment; we clarify options and design the right strategy. Call +49 69 710 33 330 or email kanzlei@dr-buchert.de or use our contact page. For the defence journey, see the Course of Proceedings.
Contact us – Your Specialist Criminal Lawyers in Frankfurt am Main and Nationwide
- Attorney Frank M. Peter, Specialist Lawyer for Criminal Law
- Attorney Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
- Of Counsel: Prof. Dr. Frank Peter Schuster
- Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim
Our law firm Buchert Jacob Peter has been based in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.
Contact: Phone +49 69 710 33 330 · Email kanzlei@dr-buchert.de
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