Robbery is a criminal act that combines the theft of someone else’s property with a violent or threatening act. It should come as no surprise that a conviction for this offense can be significant. A dedicated theft defense attorney could help someone accused of robbery fight back.
If you have been arrested under suspicion of robbery, now is the time to consider your legal options. These cases are defensible and a positive outcome might be possible. Let a Winter Park robbery lawyer assist you in your pursuit of justice.
In any criminal case, the burden of proof is on the state. Prosecutors that pursue robbery convictions in Winter Park have to prove their case beyond a reasonable doubt. In fact, they must establish every element of the offense or else the defendant could be acquitted at trial.
In total, there are four elements of a robbery charge. The prosecutor has to provide evidence proving each of these elements. If a Winter Park robbery attorney can cast doubt on even one element of the case, it could result in an acquittal.
The first element of robbery is there must be a taking of another person’s property. Similar to other theft-related offenses, the accused must have taken property from someone else without their consent in order to make the case of robbery. This property must also have some monetary value, although even a few dollars will meet this threshold.
Next, there is a requirement related to the use of force or threat of force. This element is what makes robbery stand out from other theft offenses. The state meets this element when it shows the accused has either used physical force, threats of harm, or intimidation in order to take another person’s property.
Finally, robbery is a crime of intent. That means the state must show that the accused intended to rob a person. This element is important, as the case against the accused will fail if the prosecutor cannot show they intended to deprive the owner from their own property.
There are different ways to fight back when it comes to a robbery charge. The right defense strategy is important but not every strategy will work in every situation. A Winter Park robbery attorney must review the facts of the case before developing the appropriate defense strategy.
One common defense approach is highlighting the lack of evidence against the accused. The state has to prove guilt beyond a reasonable doubt and simply highlighting the lack of convincing evidence is often enough.
An attorney might also put out an alternative theory of the case. This could be useful if there is evidence that someone else committed the robbery or that a robbery never happened at all.
Finally, a common approach is to try and exclude the evidence against the accused. If that evidence was obtained illegally, the court might have little choice but to exclude it from trial. Excluding that evidence at trial might be enough to get the prosecutor to dismiss the charges or a jury to acquit.
If you have been charged with robbery, it is vital that you take your defense approach seriously. You do not have to stand alone in court. You have the right to fight back against these charges and a strong criminal defense attorney could help you along the way. Put your trust in the hands of one of our Winter Park robbery lawyers.
The Umansky Law Firm Criminal Defense & Injury Attorneys