How to Fight A Robbery Charge
Nov. 26, 2014
Robbery is defined as stealing anything from another individual by using force, fear or making threats. Different from theft and burglary, robbery is unique since it involves both a personal altercation with another person and the threat or use of violence. While it can be difficult to prove innocence in a robbery case, a knowledgeable criminal defense attorney can help clear your name and keep you out of prison. Here are some tips for fighting a robbery charge.
Different degrees of robbery charges
Not all robbery cases are the same, with some charges carrying more severe penalties than others. If a weapon was used during the robbery, an armed robbery or aggravated robbery charge may be pursued. Additionally, if the amount of force used during the crime was excessive, a first or second degree charge can be added to your case. For example, if you are being accused of holding up a store at gunpoint, you may be hit with a first degree robbery charge.
Since robberies include the threat of force, people can still be charged with a first degree robbery if the weapon they used in the crime was a toy. If the person being robbed felt that their life was in danger and believed the weapon to be real, the person committing the crime can be charged with a heightened robbery charge.
Fighting robbery charges
Fortunately, there are a number of defenses that can be used to fight robbery charges. The most commonly used defense against robbery allegations is mistaken identity. Since many robberies are committed by individuals wearing masks, it can be difficult to know with certainty that a person committed the crime.
Another common robbery defense is claim of right, which is used when the robber believes that the things they took were property that belonged to them. For example, if someone’s bike is stolen and they later injure another individual that they thought to have taken their bicycle, they can defend themselves with a claim of right over the item taken.
If no threat of violence was used during the crime, an attorney may be able to knock the charge down to a simple theft. Additionally, if the person committing the crime can prove that someone else forced them to commit the robbery, a defense of self defense or duress can be utilized.
Robbery charges are no joke, which means that you need a qualified Las Vegas criminal defense attorney on your side if you hope to win your case. For more information, call Brian J. Smith today at (702) 380-8248.