In many situations, we are asked to minimize the severity of the consequences of a conviction when the facts clearly indicate a crime did occur. Obviously, all clients would prefer a not-guilty verdict, but in many situations, a proper defense must focus on downgrading charges to less-serious felonies or misdemeanors.
As stated earlier, a misdemeanor conviction is far less serious than a felony, in which the presumption is that the convicted individual will serve time in state prison. Robbery is a theft committed by force. The degree of force is irrelevant when it comes to being accused of robbery, but it will determine the severity of the charge. Third degree felony robbery is a theft committed with the slightest amount of force. Unlike a theft charge taking without force , the value of the item taken is irrelevant.
It is the force element that makes a theft a robbery. Theft and robbery are separate offenses, but they are normally charged together and do merge for the purpose of sentencing following a conviction. Contact us at with any questions or concerns about allegation involving theft, burglary, or robbery. Hart Powell, S. Theft, Burglary, and Robbery: Key Differences Criminal charges can be brought against you for taking or possessing property that lawfully belongs to someone else.
How to Handle Stealing Allegations Whether you are confronted with a charge of theft, burglary, robbery, or some combination of these actions, you have a right to legal counsel. According to this law, robbery is first-degree only when the following circumstances are met: The robbery takes place in a residence, vehicle commercial or personal or building.
The person the robbery was committed against is the driver or passenger of a taxi, Uber, Lyft or other similar transportation and related services. The person the robbery was committed against just used an ATM machine.
Robbery committed by two or more people at once. A complete defense, in which all charges are dropped, is completely possible if we can prove: Mistaken identity. The accused was taking back their own property. The rights of the accused were violated.
Insufficient evidence. Or Send us a Message. Get my free consultation. This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website.
We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. The degree or severity of the felony charges depends in large part on the circumstances of the crime.
For instance, many state laws provide for a more serious felony charge if a gun or another dangerous weapon is used in the commission of a robbery. In some states, robbery involving a gun is referred to as aggravated robbery or armed robbery. Likewise, if you have a criminal history of other robbery convictions, or even other unrelated criminal convictions, or if you are currently on probation or parole, you may be charged with a higher degree of felony robbery.
Other types of felony robbery that are categorized as a higher class of felony, in some states, include those involving an elderly or disabled victim, those taking place in churches or schools, or those that result in serious body injury or death to the victim.
Stiff sentences Robbery can result in lengthy prison sentences and high fines. For lower classes of felony robbery, you could receive three or four years in some states, and even up to fifteen years in prison for a robbery conviction, but for higher classes of felony robbery, such as those involving a gun, you could serve up to forty years in prison if convicted. Additionally, some states provide for mandatory enhanced sentencing for violent crimes, such as Colorado.
0コメント