Robbery is one of the most serious offenses prosecuted under state law. Unlike other theft-based charges, robbery involves some kind of act or threat of violence. This additional element can result in steep penalties.
The good news is that an arrest for robbery does not guarantee a conviction. With the help of a practiced theft defense attorney, you could beat those charges and avoid any penalties. It is in your best interest to discuss your options with one of our Lake Mary robbery lawyers.
In order for the state to secure a guilty verdict in a robbery case, they must meet four important elements. It is not enough for the state to show these elements are likely true. Instead, they have the high burden of proving each of them beyond a reasonable doubt. A Lake Mary attorney could challenge each one of these robbery elements in order to avoid a conviction.
First and foremost, a prosecutor has to prove that the accused took something of value from another person without their consent. This is the same element that is common in most theft-based offenses.
Robbery stands out from other theft charges because there is an additional element related to the use of force of threats of force. Robbery involves a taking of property from another person without their consent through intimidation, threats, or physical force.
The property that was taken has to have value in a robbery case. However, this is a low bar for the state. Taking something worth only a few dollars can qualify.
Finally, robbery is a crime of intent. In other words, it is impossible to rob someone accidentally. A mistake, misunderstanding, or accidental taking of someone else’s property will never rise to the level of robbery. Of course, the prosecution could still pursue a case assuming there was criminal intent, which is why the defendant needs an attorney to help them prove otherwise.
State prosecutors might have the power to dismiss a robbery charge but that does not mean they are inclined to do so. In order for these charges to be dismissed, a prosecutor will need a good reason. A Lake Mary robbery attorney could provide that reason.
While prosecutors are typically aggressive in pursuing robbery cases, they are also hesitant of taking a case to trial when they know they cannot win. The most common reason for the state to dismiss a robbery charge is in situations where the strength of the defense’s case is too much to overcome.
This can happen when the defense has strong evidence of innocence, like an unbreakable alibi or proof that someone else committed the robbery. The state might also agree to dismiss these charges if the defense can show that the evidence provided is too weak to get a conviction. This can happen when the court excludes some of the evidence procured by the prosecutor at trial when it was obtained illegally.
Robbery charges are serious, and a conviction can impact you for the rest of your life. You have the right to fight back against a charge and the right attorney could help you get the outcome you deserve.
Do not risk your freedom by acting as your own lawyer. Call a Lake Mary robbery lawyer as soon as possible to learn about your defense options.
The Umansky Law Firm Criminal Defense & Injury Attorneys