Typical questions include: Who was at home at the time of the burglary? What did you see or hear?
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While each case is different, it is always best to seek help from an experienced criminal defense lawyer if you have been accused of armed robbery. Your case may be complicated, and a criminal defense attorney can help you look into the finer details and sort through the evidence.
Technically, because robbery requires taking the property of another with the intent to permanently deprive that person of it (see "Intending to permanently deprive the possessor," above), if the defendant was retaking what was his, the prosecution would not be able to prove this element of the offense.
They must prove that you: 1. Stole property from another person without the person’s consent. The victim does not necessarily need to own the property, but it has to be in his or her possession. If you forcefully take something from another person, this is legally considered robbery.
It’s a key question you have to ask any lawyer that you may hire. #11: Do you have real reviews I can review? Do the criminal defense attorney have authentic reviews on line? Do they have a first and last name? I can tell you, over the years, 30 lawyers or so have reached out to me and said, “Justin, would you go to…”
Questions you might ask your lawyerDo I have a problem that can be resolved by law?What legal risks am I facing?What documents do I need to support my case?Do I need statements from witnesses?What are my options for resolving the dispute out of court?How can I settle the case?More items...
5-99 yearsIn Texas, aggravated robbery is a first degree felony; penalties include 5-99 years in prison and fines of up to $10,000.
ROBBERY. ( a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he: (1) intentionally, knowingly, or recklessly causes bodily injury to another; or.
For robbery, the punishment can be 2 up to 20 years in prison and up to a fine up to $10,000. Also, probation of between 2 and 10 years is available. For aggravated robbery, a defendant must go to a jury to receive a sentence of community supervision(probation).
Aggravated robbery is a very serious offense. Because it is considered a violent crime, which is why aggravated robbery is referred to as a felony charge. Felonies are the highest level of criminal offenses and result in higher sentencing ranges than misdemeanors.
first degree felonyThe criminal offense of aggravated robbery under Texas Penal Code Section 29.03 is a first degree felony. It requires proof of robbery plus an additional showing that during the course of the robbery, the person also did the following: causes serious bodily injury to another; uses or exhibits a deadly weapon; or.
In other words, the differences between robbery and aggravated robbery in our state boils down to: Bodily injury vs. seriousbodily injury – bodily injury is defined as contact that results in pain.
392. Punishment for robbery. —Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
The prosecution must prove the following, known as the “elements” of aggravated or armed robbery. Unless the jury finds beyond a reasonable doubt t...
Those who are charged with armed robbery always have available the defense of “mistaken identity”—that a robbery may have occurred, but the defenda...
Robbery is a felony, regardless of the value of the items taken. Most states punish aggravated robbery, which involves dangerous or deadly weapons,...
As with any felony charge, it is essential to consult with a criminal defense attorney as early as possible in the case. An experienced defense att...
I don’t need them to have tons of empathy and sympathy, but you want them to care. You want them to be passionate . As a criminal defendant , I was freaked out. I was scared to death. I didn’t know what to do. If you’re going through a divorce or a civil issue, you’re suing or being sued, it’s a very big deal.
A number of civil lawyers will do absolutely the same thing. It’s nice to fix and lock the fee. It’s nice to know what it’s going to cost. The downside at times to an inclusive fee is you may not feel as if they’re doing all of the work, because they’ve already been paid.
If you hire bankruptcy, civil, criminal, whatever type of lawyer it may be, and they say it’s 50,000, 100,000, 200,000, you don’t need to scratch them a check at once. They haven’t done any of the work.
Taking by violence or intimidation. Taking someone's property is robbery if any force is used to obtain it. Pushing someone down, hitting someone, wresting something from the victim's grasp are all examples of violence. There need not be a lot of force—a light shove or the snapping of a purse strap will do. Robbery can also be accomplished by ...
For instance, locking a clerk in a storeroom after forcing the clerk to open the safe would constitute robbery, because the safe was under the control of the clerk.
The final element of armed robbery involves using the deadly or dangerous weapon. A defendant clearly does so when he hits the victim or fires a gun, but he also does so when he exhibits or carries the weapon and threatens to use it.
Unlike simple theft (like taking an item from a store), robbery involves taking something from a person. This includes not only taking something from one's grasp, such as hitting someone in order to cause him to lose his grasp of his briefcase, but taking something from someone's presence.
A person commits armed robbery when he takes something from someone else, using violence or intimidation, while carrying a dangerous weapon. In most states, "armed robbery" is not a distinct crime. Instead, defendants are charged with a type of robbery known as "aggravated robbery.". Using a dangerous weapon constitutes an aggravating factor, ...
Intending to permanently deprive the possessor. The person who has taken another's property must have intended at the time to permanently de prive the victim of that property. Taking something with the intent of using it in a way that creates a high likelihood that it will be permanently lost is sufficient.
Defenses to Armed Robbery. Those who are charged with armed robbery always have available the defense of "mistaken identity" —that a robbery may have occurred, but the defendant didn't do it. Some states may allow a claim by the defendant that he was taking only what was his.
DISCOVERY -- EVIDENCE -- INVESTIGATION Has your lawyer obtained and reviewed all "Discovery", including: police reports, witness statements, video and audio tapes, photographs and other material provided through "discovery" by the Prosecutor? Has the attorney made copies of all of it and reviewed it with you? What is your attorney's evaluation of the evidence? What is the "worst evidence" against you? Has you attorney considered not only what evidence is there, but what evidence is not there (missing)? What physical or testimony evidence does the prosecution rely on open to challenge? Or what evidence does the DA not have that could mean dismissal of your case? Are there eyewitnesses that should be interviewed? What sort of defense investigation should be conducted to find that evidence to disprove your guilt?.
CLIENT ACTIONS - What should you do? Sometimes there are steps you can (and should) take which will dramatically lessen your sentence.
STRATEGY What is your lawyer's preliminary evaluation of the case against you? What defenses are available to you? What is the best defense strategy? What are the risks and benefits of strategy? Can your attorney mount a successful defense at trial or is it in your best interests to plea bargain?
COSTS How much defense investigation needs to be done, and what will it cost? Do you need to hire Expert Witnesses to testify for you at trial? How much will they cost? Is their testimony worth it? What is the time table preparing for trial; how long will the trial last and what will it cost?
SENTENCING ALTERNATIVES Are there any Sentencing Alternatives to standard Jail that you may be eligible for, such as electronic home detention, Sheriff's Work Program, Work Furlough, or community service? Are there any standard or creative Probationary Terms that are preferable to you which will satisfy the prosecution and court's concerns and allow you to receive a lesser sentence, easier to accept? Some clients want to avoid fines, others want to keep their driver's license, others want to avoid jail, and others who are not citizens, just want to remain in the U.S.
CONCLUSION This case is not just any case; it’s your case! You deserve the best defense from an attorney who considers all of these questions.
There are many things you can and should do once you have been arrested. These will help ensure that your legal rights are not violated. Some of the things you should do if arrested include: 1 Remain silent. You do not have to answer any questions the police ask you in connection with the arrest. Anything you say can potentially be used against you in court. 2 Be polite and behave respectfully towards the police officer (s). 3 Remain calm. 4 Contact your attorney or ask for one if you don’t have one yet. Don’t say anything until the attorney is present. 5 Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). 6 Make sure that your attorney is present for any questioning or discussions. 7 Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample. 8 Let your attorney deal with the police and prosecutors, especially if they offer you some kind of deal or plea bargain. 9 If you have been injured, take photographs of the injuries as soon as possible and seek medical attention. 10 Try to find and identify witnesses and get their contact information (name, phone number).
For example, you should generally remain calm and silent and get an attorney who can advise you of your rights and help you with complicated criminal laws and the legal system. There are also many things you shouldn’t do if you’ve been arrested.
Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). Make sure that your attorney is present for any questioning or discussions. Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample.
Anything you say can potentially be used against you in court. Be polite and behave respectfully towards the police officer (s). Remain calm. Contact your attorney or ask for one if you don’t have one yet.
A qualified criminal defense lawyer in your area can inform you of your rights and defenses and represent you in court. The above do’s and don’ts are suggestions that can help ensure your rights are protected. An experienced criminal lawyer can help protect your legal rights as well.
Often times they will say things like, “It will be easier on you if you just tell the truth.”. However, this may only make it easier for the police to prove their case. If the police come to your home or residence, do not let them in unless they have a warrant and do not go outside.
To ensure that you cooperate and your rights are protected: Do not say or describe anything about the incident to the police. Do not yell or mouth off to the police or do anything to upset them. Do not attempt to run from the police. You will likely be caught and it will not help your case in court.
If your friend is convicted of armed robbery, he will do jail (probably prison) time. The fact that he was armed during the commission of the crime does not bode well for him. That is what is called an "aggravating factor" which results in an increased sentence. The fact that he is 17 (minor) is irrelevant, as he will in all likelihood be charged as an adult. My advice: Get and attorney!
Armed robbery sentences depend in great part on the type of weapon used. Some are non-probationable, with minimum sentences from 6 years to 21 years depending on the facts. Some are not.
In South Carolina, armed robbery carries a mandatory minimum sentence of 10 years of which the offender must serve 85%. Othe sentencing options will be available only if the charge is reduced.
The charges actually filed by the DA will determine how much time and other penalties could potentially be imposed. You'll learn the actual charge [s] and any enhancements filed and get copies of all the police reports and prosecutors evidence when appearing for arraignment at the first court hearing.
Armed Robbery is MANDATORY PRISON. There is no jail or house arrest or probation. The person that is convicted of it MUST go to prison. Your friend needs a good attorney.
There is no way to predict any outcome based on the limited information submitted but if this is a strong Robbery 1 case with a firearm there is a strong chance there will be a term of confinement if a guilty finding is entered.
However, typically first time offenders do not receive jail time. Since your friend is being charged with a serious felony, one involving a weapon, which could lead to a separate charge of felony firearm (which carries a mandatory 2 year sentence), he should obtain counsel. Report Abuse.
Armed robbery charges are usually accompanied by harsh penalties. You may be facing years in prison as well as exorbitant fees. While each case is different, it is always best to seek help from an experienced criminal defense lawyer if you have been accused of armed robbery.
Armed robbery is a type of violent crime that can have serious repercussions. If you are charged with armed robbery or another type of violent crime, it is always best to talk to an experienced criminal defense lawyer who can give you a winning chance at possibly reducing your sentence or even dismissing your case.
Criminal defense lawyers represent you in court and give you a better chance at winning. You may be able to get a reduced sentence or even have your case dismissed depending on the circumstances. Talk to a criminal defense lawyer as soon as you can to increase your chances.
Michigan has more police on the roads seeking out anyone driving under the influence and not just alcohol, but also marijuana. The Detroit News reported that St.
If this is your first offense and your Blood Alcohol Level (BAC) was under .17.
If anyone refused to take the Breathalyzer, he or she faces a year of suspended license. If he or she refuses a second time, it is two years of suspended license.
Being charged with Driving Under the Influence or DUI doesn’t mean there is no hope for the future for you or someone you love. With a skilled and experienced defense attorney, you will have you best chance.
As I mentioned earlier, having a criminal defense attorney that is experienced and skilled can make all the difference. The next set of questions will help you to determine if the lawyer is experienced and skilled.
Getting a DUI charge is serious, but you don’t have to go it alone. Hiring an experienced criminal defense attorney and preparing yourself is the best thing you can do right now. If you are ready to take the next step, please call my office now.