Defending Against Robbery Charges – Criminal & Personal Injury Law

Facing¹ charges is a serious legal issue. But, there are ways to protect your rights. This article will cover robbery charges, what makes a crime a robbery, common defenses, and what happens if you’re found guilty. If you’re facing charges for armed robbery or another¹ theft crime, this guide will help you understand the legal process. It aims to give you the knowledge and support to fight for the best outcome in your case.

Key Takeaways

Robbery is a serious crime with strict penalties in many places, like Arizona¹.
The prosecution must prove the defendant is guilty “beyond a reasonable doubt” for a robbery conviction¹.
Good defenses for robbery include Mistake of Fact, Duress, Mistaken Identity, and Evidentiary issues¹.
Working with a skilled criminal defense lawyer can greatly improve your chances of a good outcome¹.
Getting legal help early is key to a strong defense against robbery charges¹.

Understanding Robbery Charges

Robbery is a serious crime that means taking someone else’s property by force². It’s defined in California’s laws as taking something directly from another person using force, fear, or intimidation². The crime level of robbery can change, with first-degree robbery facing 3 to 9 years in prison². Second-degree robbery can get you 2, 3, or 5 years².

What Constitutes Robbery?

Robbery under Penal Code § 211 means taking something that doesn’t belong to you, taking it from someone else, and using force or fear². It also means you planned to keep the property forever². A small touch by a pickpocket is not enough to be considered force or fear, making it different from other thefts².

Types of Robbery Offenses

Trying to commit robbery is a felony in California, with a sentence of 16 months to 3 years, and you must spend at least half in jail³.
Trying to rob someone is also a strike under California’s Three Strikes law, making any future felony even more serious³.
Being convicted of trying to rob someone can lead to losing your right to own guns, your job, and even your right to stay in the country if you’re not a citizen³.

Many robbery charges are dropped before trial because there’s not enough evidence⁴. Illegal police actions or forced guilty pleas can also help reduce or drop charges⁴. The prosecution must prove your guilt, and a good lawyer can help protect your rights⁴.

Elements of Robbery

Robbery is a serious crime that involves taking someone else’s property by force, fear, or intimidation⁵. The prosecution must prove several key points to convict someone of robbery. These include the type of property taken, who owned it, and how it was taken⁶.

Taking and Carrying Away

The first key part of robbery is taking and carrying away the victim’s property. The person taking it must have moved it from the victim’s grasp or area. They did this with the goal of keeping the item for themselves⁶.

Personal Property of Another

The property taken must belong to the victim or someone else, not the person taking it. This makes robbery different from other thefts, like larceny or burglary, where the item might belong to the accused⁶.

From the Victim’s Possession or Presence

The last important point is that the property was taken from the victim’s control or nearness. This means the item was either on the victim or close by when taken⁶.

Showing these key elements is crucial for the prosecution to win a robbery case⁵. If they can’t prove any of these, the charges might be dropped or reduced to a lesser crime⁶.

Proving the Use of Force, Fear, or Intimidation

Robbery is a serious crime that often involves force, fear, or intimidation to steal from someone⁷. Prosecutors must show the defendant used one or more of these methods to make the victim give up their stuff⁷. The seriousness of the charges depends on things like if a weapon was used, the defendant’s past crimes, and the stolen item’s value⁷.

In Georgia, robbery means taking something by force, fear, or threats that make someone fear serious harm⁸. If found guilty of robbery by intimidation in Georgia, you could face 1-20 years in prison and a felony record⁸. The key is proving the defendant wanted to keep the victim from getting their property back, which sets robbery apart from other thefts⁷.

Showing the defendant used force, fear, or intimidation is key to proving a robbery. The prosecution might use eyewitnesses, physical evidence, and what the defendant did or said⁸. But, research shows eyewitnesses can make mistakes, especially in stressful situations like a robbery⁸. A good defense often means looking into the case deeply, talking to witnesses, and checking all the evidence to question the prosecution’s claims⁸.

If you or someone you know is facing robbery charges, getting help from a skilled criminal defense lawyer is vital⁸. They can create a strong defense, protect your rights, and try to lessen the impact of a guilty verdict⁸. Depending on your situation, you might have defenses like misidentification or an alibi to use⁸.

robbery defense, criminal charges, legal defense

When you face robbery charges, knowing your legal defenses is key. The right robbery defense can change your case’s outcome⁹.

It’s important to look at the specific charges you’re up against. These can vary from a Class 4 felony to a Class 2 felony, with different prison times⁹. Knowing your charges helps your criminal defense plan.

Your criminal defense attorney will check the case facts for weaknesses. They’ll look for defenses like questioning property ownership, showing no intent, or offering an alibi⁹.

Defenses like being drunk, under duress, or forced can also apply. Problems with the police or prosecutors can help your legal defense⁹.

Getting a lawyer quickly is crucial with robbery charges. A good criminal defense attorney will guide you through the legal system. They’ll create a strong defense to protect your rights⁹.

Robbery Charge	Potential Sentence
Class 4 Felony (Simple Robbery)	1 to 3.75 years in prison⁹
Class 3 Felony (Aggravated Robbery)	2 to 8.75 years in prison⁹
Class 2 Felony (Armed Robbery)	3 to 12.5 years in prison⁹

Common Defenses Against Robbery Charges

When you face robbery charges, you have many ways to defend yourself. These strategies can help protect your rights and fight the accusations. Your lawyer can use these defenses to try to lessen or drop the charges against you.

Lack of Evidence

Showing there’s not enough evidence is a strong defense against robbery charges. The prosecution must prove you did it beyond doubt. If they can’t show enough evidence, your lawyer might ask for the charges to be dropped¹⁰.

Alibi and Innocence

A strong alibi can prove you weren’t where the robbery happened. Your lawyer can also work to show you’re innocent. They’ll look into the case and question eyewitnesses and other evidence¹⁰.

Intoxication

If you were drunk or on drugs during the robbery, your lawyer might argue you didn’t mean to commit the crime. Being drunk or on drugs can be a defense if it shows you couldn’t make good decisions¹⁰.

Duress or Coercion

Sometimes, you might have been forced to take part in the robbery because of threats or fear. If your lawyer proves you were acting under duress, it could be a valid defense¹⁰.

These are some common defenses for robbery cases. Your lawyer will look at your situation and pick the best defense for you. A good lawyer can really change the outcome of your case¹⁰.

Consequences of a Robbery Conviction

If you’re convicted of robbery, the effects can be severe and long-lasting. This crime is usually a felony, leading to long prison sentences and big fines¹¹. In Nevada, you could face 2 to 15 years in prison for robbery. If you used a deadly weapon, you could get an extra 1 to 15 years¹¹.

Imprisonment and Fines

The penalties for robbery vary a lot, based on the case details. For instance, in Virginia, armed robbery can mean 5 years to life in prison¹². Judges might suspend some time and combine jail with fines. But juries must give the minimum of five years for armed robbery¹².

Long-Term Impact

A robbery conviction has big effects on your life long after. Employment in finance or security can be hit hard.¹¹ Getting into college or scholarships can also be tough¹¹. You might feel isolated and have trouble with friends and family¹¹. The emotional toll can bring guilt, shame, anxiety, and deep emotional wounds¹¹. In Nevada, you could lose your right to vote or own a gun because of your record¹¹.

Getting past a robbery conviction is tough, but there are ways to move forward. Things like expungement or sealing your record can help¹¹. It’s smart to talk to a skilled criminal defense lawyer. They can help you understand what you’re facing and guide you through the legal steps¹².

Hiring a Criminal Defense Attorney

When you’re facing robbery charges, getting an experienced criminal defense attorney is key. They know how to work through the legal system, create a strong defense, and protect your rights¹³.

A criminal defense attorney can talk about plea deals, get ready for trial, and argue to drop or lessen charges¹³. They look at evidence, question the prosecution’s evidence, and find evidence that clears you¹³.

It’s vital to have a smart criminal defense attorney for robbery charges, theft crimes, or violent offenses. They can make the legal process faster and cheaper, possibly avoiding a trial¹³. They also offer emotional support and advice to help you deal with the stress of criminal charges¹³.

When picking a criminal defense attorney, look at their experience, success in similar cases, and what others say about them¹⁴. Many criminal defense attorneys offer a free first meeting, and their costs might be a flat fee or a retainer¹⁴. It’s important to research and choose an attorney who can best defend your rights and aim for the best result for your case¹⁴.

Dealing with robbery charges or other criminal charges is tough, but the right legal representation can help. Choose a skilled criminal defense attorney to fight for your rights and boost your chances of a good outcome¹³¹⁴.

Conclusion

When facing robbery charges, you have the right to a strong legal defense. Understanding the key parts of robbery crimes and their legal consequences helps. This way, you can work with a skilled criminal defense attorney to protect your rights¹⁵.

Your lawyer will look at your case closely and create a defense plan just for you. They might question the evidence, prove you were somewhere else, or show you didn’t mean to commit the crime¹⁵. With their help, you could get a not guilty verdict, have charges lowered, or get a good plea deal¹⁶.

You are innocent until proven guilty, and it’s the prosecution’s job to prove the robbery offense beyond doubt. With your lawyer’s support, you can understand the legal system better. This gives you a strong chance of beating the charges¹⁷.

FAQ

What constitutes robbery?

Robbery happens when someone takes another person’s stuff by force, fear, or intimidation. It’s seen as a serious crime because it involves violence.

What are the different types of robbery offenses?

There are many types of robbery, like armed robbery, carjacking, and home invasion. The charges and penalties vary with each case.

What are the key elements of robbery?

To be considered robbery, the crime must involve taking someone else’s property. The property must belong to the victim and be taken from them directly.

How does the prosecution prove the use of force, fear, or intimidation?

The prosecution shows the defendant used force, fear, or intimidation to get the victim to give up their belongings. They must meet certain legal standards to prove this.

What are some common defense strategies in robbery cases?

Defenses often include showing there’s no evidence, proving you were somewhere else, claiming you were drunk, or saying you were forced to do it.

What are the potential consequences of a robbery conviction?

Being convicted of robbery is a felony, leading to prison time and big fines. It can also make it hard to get a job or find a place to live later on.

Why is it important to have a criminal defense attorney in a robbery case?

A skilled criminal defense lawyer helps you understand the legal system. They create the best defense and protect your rights at every step.