Robbery is one of the most common crimes committed in America, but sometimes, what constitutes robbery can be confused with other crimes.
There are several elements that define the crime of robbery:
- Take money, property or valuables
- Through violence, intimidation, threats or force
- Take from another person
- Take those items against their will
There are various degrees of robbery and the punishment for each will vary depending on those degrees. Firstdegree robbery will meet the test of all the elements above. Armed robbery will involve the use of a weapon, and sometimes, depending on the type of weapon used (knife, gun, etc.) that will have an impact on the severity of the offense.
A lawyer defending a person against robbery charges has a couple of possible options to pursue.
If a person can show they were forced to commit a robbery under duress, their case has a chance of being dismissed. To prove duress, a person must be able to show that someone forced them to commit the robbery or face death or bodily injury as a result.
Another defense is providing a solid alibi that proves the accused is innocent. All a robbery defense lawyer needs to prove is that there is reasonable doubt that the defendant didn’t commit the crime. This can take place by having witnesses testify as to the defendant’s whereabouts when the robbery was committed, submitting proof that the defendant was nowhere near the physical location of the robbery when it took place, or other similar tactics.
A lesser used defense is entrapment. This takes place when the supposed victim instigates the robbery as a way to get back at the defendant. Another way to put this is that a victim or someone else may seek to frame the defendant and make it appear they were the instigators of the robbery.
Cates & Garvey Law Group proudly serves the cities of Phoenix, Scottsdale, Glendale, Tempe, Mesa and surrounding Arizona communities.