Robbery is a property crime, but it’s also a crime against someone’s person, where the offender uses force or the threat of force to obtain property from someone else. This is a good description of the crime of robbery. When you’re charged with robbery, the state has the burden of proving their case beyond a reasonable doubt. For the crime of robbery to have been committed, there must be a set number of things involved, such as:
– The taking, with the intent to steal, the personal property of another, from his or her person or in their presence and against their will… with some element of violence or intimidation or threat of force involved in the commission of the crime. Unless all of these things are present in the crime, it may be charged as another offense. Violence is the most defining characteristic of a robbery. Someone either uses force in the commission of the robbery OR they threaten to use force.
Penalties For Robbery
Robbery has several different degrees that help attorneys decide what to charge a defendant with. First, second, and third degree robbery each have their own defining characteristics and will result in penalties that range from severe to very severe. All degrees of robbery are felonies. In New York, first degree robbery carries a maximum of 25 years in prison and is an incredibly serious crime (Class B felony). Even third degree robbery is a class D felony and the offender can receive up to 7 years in prison.
Other penalties include:
– Making restitution for the stolen items
– Community service
Some factors about the crime will reduce its seriousness (Mitigating factor) and some will increase the severity (Aggravating factor). Having a weapon present during the commission of the crime is an aggravating factor and may result in much harsher sentencing and penalties.
Perhaps the most common defense is simply saying that the prosecution doesn’t have the evidence to prove that a defendant committed the crime. After all, it’s the prosecution who must prove their case. If they fail to do so, then the defense can win. If there’s no direct visual evidence that a defendant committed a robbery, the prosecution may have an uphill battle to prove that any particular defendant is guilty of the crime.
Intoxication can be a mitigating factor in a robbery and may even serve as a defense in some states. If the person was involuntarily intoxicated, they definitely might have a good defense on that basis. Even if the person was voluntarily intoxicated, it can help them escape robbery charges or at the very least get a lighter sentence.
Our defense team looks at all the angles before we go to court on your behalf and we fight for a not guilty verdict whenever possible, and even if there’s a guilty verdict, we can fight for probation from the court or lesser sentences. No matter the plea you make, we can help you. We look at every single facet of your case, talk to witnesses, talk to anyone involved in the crime, and go to bat for you from day one.
How We Can Help You
If you’ve been accused of robbery, just know that you’re accused of a very serious crime. You’re facing many years in prison and perhaps fines you will never be able to pay to the court. Plus, there’s restitution to consider. Please don’t go to court alone and just plead guilty. Even if you ARE guilty, it’s important to fight for your life and freedom by retaining a good attorney.
We have worked on robbery cases for decades and we know how to defend them. It’s the burden of the prosecution to prove their case. We can come to your rescue and help you create the reasonable doubt a jury will need to grant you an acquittal. Don’t go to court on your own or think that explaining matters to the court will help. It won’t! The only thing that will help is calling our veteran legal team and letting us take on your case.