Being hit with a criminal charge such as robbery can be a devastating experience.You need advice and counsel from experienced robbery lawyers who have handled robbery cases in the past, lawyers who know how to give their clients the strongest defense possible.
Theft is generally defined as the unlawful taking of the personal property of another person or business. Robbery is usually charged when the theft is accomplished by force or the threat of force.
Penalties for a Robbery OffenseBecause robbery is essentially a combination of theft and assault, it can carry very serious penalties, including significant prison time.
Robbery is considered an offense of the first degree when the defendant, in the course of committing the theft, inflicts serious bodily injury upon another person or intentionally puts someone in fear of immediate serious bodily injury. This type of robbery typically requires the use of a weapon during the theft.
If the defendant did not use a weapon and the complainant did not suffer significant injuries during the incident, then it may be possible to defeat a first-degree robbery charge either through the use of pre-trial motions to dismiss or by seeking an acquittal at trial.
Proving Intent of Permanent DeprivationAs in most criminal cases, the state of mind of the defendant is a crucial element. The prosecutor must show that the defendant had the intent to deprive the plaintiff of their property.
Proving a person’s state of mind can be much more difficult than proving that an action took place. One potentially successful defense strategy is to argue that the state has failed to show that the accused person acted with bad intent.
Misidentifications, where the police arrested the wrong person, occur all the time, and they are particularly frequent in robbery cases.
It may be possible to challenge an eyewitness identification through the use of a motion for a lineup, based on differences in the description given and the physical characteristics of the defendant arrested, or through the use of expert testimony on the many problems inherent in eyewitness identifications.
Witnesses, and even the accuser, often make misidentifications in cases where a weapon was used, of people they have never seen before. New Jersey robbery attorneys know the most effective ways of cross-examining identification witnesses.
Beyond a Reasonable DoubtFacing criminal charges can be frightening, but remember that (A) all criminal defendants are presumed innocent until proven guilty in American courts, and (B) the prosecutors must prove all the elements of their case beyond a reasonable doubt. Some of the key questions that must be raised are:
If you are facing criminal charges for robbery, you owe it to yourself and your loved ones to seek the help of a New Jersey robbery lawyers who have worked in the criminal courts for years. Local attorneys know how to work aggressively to defend your rights.