Robbery is often confused with other similar crimes, such as theft or burglary. However, there are a very specific set of elements that must be present for a robbery charge to be applied.
Those elements are 1) that money, property or valuables were taken, 2) through threats of force, violence or intimidation, 3) that the items were taken directly from another person, and 4) they were taken against that person’s will.
It’s imperative to mount a strong defense against robbery charges, because penalties can be severe, and may result in heavy fines and many years in prison.
The Many Kinds of Robbery Charges
Depending on the particulars of a case, you may be charged with a first-degree felony, second- degree felony or third-degree felony. A charge becomes more serious when a weapon, such as a gun, knife, or a bat is used. This can lead to armed robbery charges being filed against you. In addition, if there is an actual attempt to inflict injury on a victim, aggravated robbery charges will result, leading to enhanced penalties upon conviction.
Most robberies are charged at a state level, but there are situations when that is not the case. This can occur when the robbery is attempted against a bank, credit union, or savings and loan. It can also be the result if a robbery crosses over from one state to another. In these cases, the robbery crime is elevated to a federal charge instead, bringing a new level of severity to your situation.
Some Possible Robbery Charges Defense Strategies
Your attorney may be able to employ several possible robbery defense strategies, depending on the specifics of your case.
The most believable of these is providing an alibi. An attorney who can present evidence that a person was elsewhere at the time a robbery took place may be able to place enough reasonable doubt in a jury’s mind that can lead to an acquittal. Having a witness or perhaps video surveillance proof that a defendant was elsewhere can also be effective.
Other possible defenses include being forced to commit a robbery while under duress and entrapment. To prove duress, it must be shown that either the defendant or a family was facing real and immediate bodily harm if they did not participate in the robbery. Entrapment is sometimes used to frame a defendant by making them appear they were willingly cooperating in the execution of the robbery.
Shalvoy Law serves clients in Newton and other nearby Connecticut communities.
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