Mistaken identity and irrelevance of the weapon are only two of the possible defenses for an armed robbery charge. Attorneys may also use arguments about lack of evidence, false allegations, or improper arrest. To get help from an experienced attorney, call our law firm at (480) 656-7301 or visit our contact us page.
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Defenses to Armed Robbery. A common defense to armed robbery is mistaken identity. Some states may allow a claim that a defendant can't commit robbery by stealing his own property. It wasn't me. 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.
A robbery charge is very serious by itself, but when you are accused of using a deadly weapon, you could be facing many years in prison and heavy fines, among other penalties. California prosecutors are prone to filing even more serious charges for such violent crimes. At this time, you need a Lancaster criminal defense lawyer to assess your ...
Apr 10, 2018 · Mistaken identity and irrelevance of the weapon are only two of the possible defenses for an armed robbery charge. Attorneys may also use arguments about lack of evidence, false allegations, or improper arrest. To get help from an experienced attorney, call our law firm at (480) 656-7301 or visit our contact us page. Practice Areas Violent Crimes
Mar 09, 2018 · Facing and Fighting Armed Robbery Charges. Armed robbery charges are very serious. In many states, it is considered a violent criminal charge. New Jersey is no different. If anything, the courts here are a bit more attentive to the sensitivity of these charges. They are not taken lightly and tend to be under strict enforcement.
15 Questions To Ask Before Hiring a Defense AttorneyHow long have you practiced criminal law? ... What are your educational and professional credentials? ... Have you handled cases like mine before? ... What is your success rate? ... Do you have any testimonials from past clients that I can read? ... How often do your cases go to trial?More items...
To cast doubt on the truthfulness and reliability of prosecution witnesses, a defense attorney can use any or all of these tactics:Demonstrate bias on the part of prosecution witnesses, who, therefore, may be lying.Expose police mistakes in gathering, maintaining, and testing physical evidence.More items...
Common Defense Strategies in Criminal CourtNo intent to commit the crime (accident)Mistake of fact.The crime was committed out of duress or necessity.Police misconduct or a violation of your rights.Intoxication (may still result in other charges)Self-defense.Insanity (may still result in institutionalization)
One of California's top criminal trial lawyers, Aaron Spolin, puts it pretty simply when he explains how to win a criminal case: “You need a three-part approach: (1) file legal 'motions' to dismiss the case, (2) argue for the exclusion of evidence, and (3) explain clearly to the jury why the client is innocent.” This ...
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
: the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding the standard of proof to convict is proof beyond a reasonable doubt — see also clear and convincing, preponderance of the evidence — compare burden of proof, clear and convincing evidence at evidence, ...
Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution.
The most commonly recognized of these defenses are self-defense and defense of others. A defendant may argue, for instance, that he did shoot an intruder but did so in self-defense because the intruder was threatening him with a knife.Oct 15, 2021
The accused can respond and present a defence to the charges. Accused persons can put forth three possible arguments: They can deny that they committed the act, disputing the • actus reus. They can argue that they lacked the necessary criminal intent or guilty • mind, disputing the mens rea.
8 key factors drive what your best defense strategy is:Defendant's explanation of what happened, why and credibility.Witness testimony and credibility.Provable facts and physical evidence.Police reports, errors and credibility.Expert, 3rd party reports and testimony.More items...
Here is what it takes to win:Be relentless. A criminal trial is a crucible or defining moment that will forever change the accused's life. ... Be honest with your attorney. Criminal cases will often involve personal matters. ... Understand the gravity of the situation. ... Trust your lawyer. ... Have a support system in place.
Effective Criminal Defense StrategiesStep 1: Review arrest and/or investigation details. ... Step 2: Retain expert witnesses when necessary. ... Step 3: Point out potential unreliability of an eyewitness' testimony. ... Step 4: Prepare the defendant to take the stand. ... Step 5: Get evidence against the defendant thrown out of court.More items...•Jan 10, 2018
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...
A robbery charge is very serious by itself, but when you are accused of using a deadly weapon, you could be facing many years in prison and heavy fines, among other penalties. California prosecutors are prone to filing even more serious charges for such violent crimes.
Since the presence of a deadly weapon is critical to an armed robbery charge, our attorney can file a motion to suppress evidence of the weapon if law enforcement did not follow proper protocol in arresting you.
You still have rights when charged with armed robbery which our Lancaster criminal defense attorney can work to uphold in court or in negotiating with the prosecution. If it can be proved you did not in fact have a weapon on you, by definition you cannot be charged with armed robbery.
When it comes to defending a client in a criminal case, experience is key. There are numerous benefits to having an attorney who has practiced for many years and successfully represented a large number of clients. An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.
An experienced attorney can properly advise you on what to expect throughout all stages of the legal process. He or she will also have the ability to anticipate the strategies or actions of the prosecution and can use that to help build you a strong defense strategy.
It is not only important to find an attorney who has handled a good number of cases, but one who is knowledgeable about the charges you face as well. A lawyer who has had experience handling clients facing similar charges can save you a lot of time and money and most likely find you a better outcome overall.
In many ways, the best outcome you can have for your case is one that comes quickly. By negotiating to settle out of court through a plea bargain, your attorney may be able to help you avoid having to appear in court and appear before a judge and jury.
Oftentimes attorneys will delegate certain tasks involved in your case to other members of the legal team. This can be of benefit to you, as a junior associate’s hourly rate may be lower, which will save you having to pay a higher rate for your attorney to do the same task.
Just as with the outcome of a case, no attorney can control every aspect of the legal process or guarantee exactly how the case will play out. However, your attorney should be able to devise a clear defensive strategy and a plan for how to proceed with your case.
No lawyer should guarantee a specific result for your case and you should be wary of any attorney who makes promises about what the exact outcome will be. However, an experienced and knowledgeable attorney should be able to evaluate the preliminary information they are given about your case and make an assessment as to how it may likely play out. It is also important to find what your attorney thinks are the strengths and weaknesses of your case which will shape the defense strategy that he or she will devise.
An experienced criminal defense attorney can use certain defenses that could help the defendant face minimal punishment. One of the most common defenses is mistaken identity. Because the police often base the identification on the victim’s description, the defendant can argue that the victim is accusing the wrong person. However, the mistaken identity defense is not effective if there is video or other evidence that the defendant committed the armed robbery.
The final part of armed robbery is the weapon. In an armed robbery, the defendant used or displayed a weapon in some way. The defendant does not need to have used the weapon. Wielding an unloaded gun is enough for a robbery to become armed robbery.
Other states only require that the person was clearly attempting to steal something. The second central element is the use of force.
The main difference between a theft and a robbery, as explained by a robbery lawyer in Phoenix, is that a robbery includes the use of force. It does not need to be a physical force. The court could consider other actions such as destroying property or breaking objects to intimidate the person as a use of force.
However, the mistaken identity defense is not effective if there is video or other evidence that the defendant committed the armed robbery. Another tactic is to try reducing the accusation from armed robbery to robbery. The defense attorney may be able to argue about the presence of the weapon.
The defense attorney could argue that the defendant never used or displayed the weapon, making it irrelevant in the robbery. If the case is already in a trial, it is not as effective as if the attorney uses it during the appeals process when the court is deciding if there is sufficient evidence.
Armed robbery is a violent offense, leading many states to significantly increase the punishment. The severity of the punishment often depends on whether the defendant injured or killed someone during the robbery as well as with other factors such as prior criminal record and the type of gun he or she used.
A first-degree robbery charge is when you inflict or attempt to inflict bodily harm on someone in the act of a robbery. This is something that is not considered light. It can land you ten to twenty years in prison, as well as fines. That means that if you have never committed this crime before, you are looking at a decade of time you have to pay over. Second-degree robbery is for all other robbery charges and varies from five to ten years. Because of the severity of these crimes, you will likely serve eighty-five percent of your time, regardless of behavior. Even after you serve prison time, you are likely to incur more fees and probation time. It doesn’t end there. This is something that will follow you for the rest of your life and scar you. But, you will see that it will be alright, once you make an appointment with your attorney.
Armed robbery charges aren’t just another charge of robbery. It is a more violent version that involves some weapon or threat. This means that you didn’t just rob someone. You did so with a tool of intimidation that left someone feeling their life or the lives of others might be in danger. This is something that is taken very seriously and seen with very judging eyes. That doesn’t always mean a conviction or guilt, but it can seem that way when you are facing a judge and don’t know what to expect. These judges don’t tend to take it easy since they see so many of these cases and always hear some defense. They are used to it all and hear it all the time; it doesn’t phase them. This is why you need someone to fight for you who knows the law and its specifications. The same defense everyone else has won’t necessarily work for you.
Having a good attorney is the key to winning a case and losing it. It can also mean that there is a possibility of dismissal or a lesser charge. These are things that your attorney needs to work for, so it makes all the difference. They will know whether your charges are accurate or you are facing charges for something you shouldn’t be. This means they will also know the limits of the law, where these charges are concerned. And if they have a lot of experience in this focus of the law, their past cases can work in your defense. This is why you don’t want someone fresh out of law school or who practiced family law. You need someone who has tried cases like yours before and knows what a winning strategy looks like. The more they have seen cases like yours the more likely they are to develop a strong case for you.
Armed robbery charges are very serious. In many states, it is considered a violent criminal charge. New Jersey is no different. If anything, the courts here are a bit more attentive to the sensitivity of these charges. They are not taken lightly and tend to be under strict enforcement. That doesn’t necessarily mean that your case is a lost cause. Like most cases, it is a matter of having an attorney by your side who knows what they are doing. They are your voice in court, and you want to make sure that it is a knowledgeable one. Retaining an inexperienced lawyer can damage your case beyond repair. It isn’t a risk you want to take, so make sure that you are making the right choice. This isn’t a traffic ticket; this is your future. You don’t want to place your life in the hands of someone who doesn’t know anything about the laws you are being held up to. You can read more about armed robbery charges here.
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.
suspect who is represented by counsel on a charged case or who has otherwise invoked his Sixth Amendment rights will sometimes send word to officers that he wants to talk to them about the crime with which he is charged. If this happens, officers are free to visit the suspect, confirm he wants to talk to them about the crime, obtain a Miranda waiver, then question him.(39) This is true even if the suspect also invoked his Miranda rights.(40) As the United States Supreme Court observed, "Although a defendant may sometimes later regret his decision to speak with the police, the Sixth Amendment does not disable a criminal defendant from exercising his free will.(41)
statement obtained in violation of the Sixth Amendment is inadmissible in the prosecution's case-in-chief.(48) Under certain circumstances , however, the statement may be used to impeach the defendant if he testifies at his trial and his testimony is inconsistent with his statement.
It is not uncommon for officers, prosecutors, and even judges to confuse invocations of the Sixth Amendment right to counsel with invocations of the Miranda right to counsel. Such confusion can probably be eliminated by keeping the following in mind.
During the cross-examination, your lawyer will repeat the basic description that the witness previously gave. Then, he will press the victim for further details about the defendant’s physical appearance, such as possible age, size, ethnicity, overall build, hair, scars, tattoos or other identifying features.
For additional defense strategies in your case, contact our criminal defense lawyer in Fort Worth at the Law Office of Bryan P. Hoeller.