The legal definition of robbery is simple. Making the case, however, is extremely difficult.
If you intentionally use threats, intimidation or force to take something of value from another person, you commit robbery. Force stands out as the key element in the crime. If you simply take something, you commit burglary, larceny or theft; if you simply threaten someone, you commit assault. Simple theft and assault are misdemeanors. Robbery, however, because it numbers among the violent crimes, is a felony. Proving beyond a reasonable doubt that someone actually committed a robbery numbers among the more difficult challenges in the practice of criminal law.
Complications, subtleties and nuances in robbery laws
If you face robbery charges, the prosecutor first must prove beyond a reasonable doubt that you took something of value. At least two lines of questioning may establish reasonable doubt. Did you really take something from the victim? Did the purloined item actually belong to the victim? Can the victim clearly and undeniably identify you as the thief? Can the victim similarly establish the value of the possessions you took? How does the victim assess the monetary value of his loss?
Second, to make his case beyond a reasonable doubt, the prosecutor must prove you intentionally, deliberately threatened or used force as you took the victim’s property. You may have hurt the victim as you took his property, but accidental harm does not meet the standards for robbery. An attorney with extensive experience understands how every detail of your incident can harm or support your case and will be prepared to fight for you.
Former prosecutors make better defenders
Brian Smith, your Las Vegas robbery attorney, began his criminal law career as a Brooklyn prosecutor and he understands the prosecution’s burden of proof. He knows how to use standards in the law as the framework for your defense. More importantly, Brian Smith recognizes how even the allegation of a theft, assault or robbery threatens your rights, freedom and livelihood; he uses all of his knowledge, experience, skills and tactics to safeguard them. Smith also understands how criminal charges threaten your personal and professional reputation and damage your most important relationships. He pays special attention to assuring the presumption of innocence in your case, and does his best to meet your family’s needs.
Contact Brian J Smith and have experience on your side.