If you have been accused of theft with violence, the prosecution will often push for a robbery charge, and that carries a maximum sentence of life imprisonment. You need solicitors for theft with violence charges who understand exactly where the line sits between theft, assault and robbery, and how to test the evidence at every point. Woolfe & Co Solicitors are specialist criminal defence lawyers defending these allegations across England and Wales. Our solicitors and criminal defence lawyers handle police station interviews, bail, identification procedures, Magistrates' Court hearings and Crown Court trials, and we are available 24 hours a day for urgent advice.
Theft with violence is not a separate offence in its own right. In practice the phrase describes a theft where force, or the threat of force, was used against a person, and the Crown will almost always charge it as robbery under section 8 of the Theft Act 1968.
Robbery is committed when a person steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. Theft alone is not enough. The prosecution must also prove force, or a threat of immediate force, used in order to steal.
Every element has to be proved to the criminal standard, beyond reasonable doubt. Our solicitors for theft with violence charges look for the element that is weakest, because a case can collapse if any single part is not made out.
| Element | What the prosecution must show | Where cases are often challenged |
|---|---|---|
| Theft | A dishonest appropriation of property belonging to another with intent to permanently deprive | Ownership, intention to permanently deprive, and whether taking was dishonest at all |
| Force | Force used on a person, or a threat of force, at the time of the theft | Whether any force was used, or whether the taking was simply a snatch |
| Timing | Force used immediately before or at the time of the theft, and in order to steal | Force used afterwards, such as during an escape, is not robbery |
| Intent | Dishonest intent to permanently deprive at the moment of theft | Delay in deciding to keep property, or intent formed later |
| Identity | That you were the person who committed the offence | Eyewitness identification, CCTV, social media and forensic evidence |
Robbery is treated as one of the most serious theft offences in England and Wales. It is an indictable only offence, meaning every case is sent to the Crown Court, and the maximum penalty is life imprisonment.
Robbery carries a maximum sentence of life imprisonment under section 8 of the Theft Act 1968. The actual sentence depends on the Sentencing Council guideline, which looks at the degree of force, the value taken, the vulnerability of the victim, whether a weapon was used and the level of planning involved.
| Offence | Legal source | Maximum penalty |
|---|---|---|
| Robbery | Section 8 Theft Act 1968 | Life imprisonment |
| Assault with intent to rob | Section 8(2) Theft Act 1968 | Life imprisonment |
| Theft | Section 1 Theft Act 1968 | 7 years imprisonment |
| Assault occasioning actual bodily harm | Section 47 Offences Against the Person Act 1861 | 5 years imprisonment |
| Wounding or inflicting grievous bodily harm | Section 20 Offences Against the Person Act 1861 | 5 years imprisonment |
| Wounding with intent | Section 18 Offences Against the Person Act 1861 | Life imprisonment |
Because the difference between theft and robbery can mean the difference between a community order and several years in custody, the charging decision matters enormously. If you also face money related allegations flowing from the same events, our Proceeds of Crime Act solicitors can advise on confiscation, and our Crown Court defence solicitors page explains how a contested trial is prepared.
There is no single defence that works in every case. A solicitor starts with your instructions and the prosecution evidence, then attacks the weakest element. In our experience the strongest arguments usually fall into one of the categories below.
In practice, yes. Where force or the threat of force is used in order to steal, the offence is robbery under section 8 of the Theft Act 1968. A solicitor will always check whether the alleged force was genuinely used in order to steal, because if it was not, the correct charge may be simple theft or assault rather than robbery.
A snatch and run, or a pickpocket, may amount to theft rather than robbery. If the property was taken without any force on a person, the robbery allegation is wrong in law.
The force must be used immediately before or at the time of stealing, and in order to steal. Force used later, for example to escape, does not make the offence robbery.
Much of the evidence in these cases is identification based. We test whether the police followed Code D of PACE, examine CCTV quality and challenge the fairness of any identification procedure.
Where several people are accused, being present is not the same as being part of a joint enterprise. We scrutinise what each person actually knew and intended.
If force was used to defend yourself or another person, or to recover your own property in certain circumstances, that may provide a complete defence. See our violence and assaults solicitors page for related arguments.
If you genuinely believed you had a right to the property, or never intended to permanently deprive the owner, the theft element is not made out at all.
Instructing a solicitor early is the single most useful thing you can do. These are the steps we follow at Woolfe & Co, whether you have been arrested, invited for a voluntary interview, or already charged and bailed to court.
Ring 01582 380938 at any hour. We take initial details, check whether you are in custody and arrange representation. Police station advice is free under Legal Aid.
We explain the allegation, your rights and the likely consequences of different approaches, then attend the interview with you. See our police station representation solicitors page for what happens in custody.
We take a detailed statement from you, collect any messages, CCTV, phone location data or alibi evidence, and identify witnesses who can support your position.
Once charged, we review the initial details of the prosecution case and make written representations about bail, charging and any weaknesses in the evidence.
We instruct a specialist barrister where appropriate, prepare the defence statement, and explain the timetable. Our Magistrates' Court solicitors and Crown Court defence solicitors pages cover each stage.
If the matter is contested we test the evidence at trial. If you plead guilty we prepare mitigation, reports and references to secure the lowest possible sentence.
Theft with violence allegations move fast. The sooner we are involved, the more we can protect.
Straight answers from our criminal defence solicitors on the questions we are asked most often about theft with violence and robbery charges.
Theft is the dishonest appropriation of property with intent to permanently deprive. Robbery is theft where force, or the threat of immediate force, is used on a person in order to steal. The presence of that force is what turns a theft charge into robbery, and it is usually the central issue in dispute.
Not automatically. If a phone or bag is pulled from someone with no force applied to their person beyond the minimum needed to take the item, the case may be theft rather than robbery. Some snatches do involve enough force or resistance to cross the line, which is why careful analysis of the CCTV and witness accounts matters so much.
Because the offence is charged as robbery, the maximum sentence is life imprisonment. The Sentencing Council guideline sets starting points based on the level of force, the value involved and the harm caused. Lower culpability cases can still attract a custodial sentence, though suspended sentences are possible in rare cases with strong mitigation.
Robbery is an indictable only offence, so your case will be sent to the Crown Court. The first hearing usually takes place in the Magistrates' Court for sending purposes, then the case is managed by the Crown Court, where trial and sentence happen.
Yes, in most cases. Police station advice is free and not means tested. Representation in the Crown Court is funded through Legal Aid subject to a means assessment. Our free Legal Aid Crown Court solicitors page explains the application, and our fees and Legal Aid information page sets out how contributions work.
Being present at the scene is not enough. The Crown must prove you either committed the offence or were part of a joint enterprise, knowing what was intended. Our solicitors examine what you actually knew and agreed, and challenge the suggestion that mere presence amounts to participation.
A robbery conviction is serious and will show on an enhanced DBS check for many years. It can affect regulated professions, licences and travel. We advise on the practical consequences from the first meeting and work to secure the best possible outcome, including arguing for a lesser charge where the evidence justifies it.
We would not recommend it. Interviews under caution are evidence and can be used against you. A solicitor ensures you understand the allegation, advises on whether to answer, and intervenes where questions are unfair or based on a misunderstanding. Read our guide on whether you can remain silent when police ask questions.
We are a Specialist Fraud and criminal defence practice based in Luton, Bedfordshire, acting for clients across England and Wales. Our solicitors know how robbery allegations are built, and where they come apart.
Arrests and interviews do not wait for office hours, and neither do we. Police station cover is free.
Our solicitors handle theft, robbery and violence offences daily, not as an occasional favour to a client.
We review CCTV, body worn video, phone data and identification procedures line by line before advising.
Plain English updates at every stage, with interpreters available where English is not your first language.
If you are under investigation or facing a theft with violence or robbery charge, the earlier you speak to a specialist the more we can do. Our criminal defence solicitors are available 24 hours a day, 7 days a week, and police station advice is free under Legal Aid. Call now for confidential advice.
Woolfe & Co Solicitors is authorised and regulated by the Solicitors Regulation Authority (SRA number 625326).