Robbery is classified as the threat or use of force to take another person’s property. The word robbery encompasses a variety of theft-based crimes including bank robberies, carjacking, mugging, and purse stealing. Those convicted of robbery frequently face hefty fines and extended jail times.
If you are charged with robbery, often one of the best actions you can take is to contact an experienced Midland robbery lawyer who can fight for your rights. Work with a skilled theft attorney that can try to provide you with the best defense possible.
Elements of a Robbery Charge
For a person to be convicted of robbery, the prosecution must establish beyond a reasonable doubt that, while committing the theft, the accused intentionally, knowingly, or recklessly caused or threatened to cause bodily harm to another individual.
Aggravated robbery is an elevated form of robbery which requires the use of a deadly weapon. There is no exact definition of what constitutes a deadly weapon, but most often a gun or knife is involved. In addition to establishing the element of a robbery, to convict a person of aggravated robbery, the prosecution must establish that the defendant used a deadly weapon or placed a person in fear of being harmed. The accused can also be convicted of an aggravated robbery if the victim of the robbery was a person 65 years or older, or someone who is mentally or physically disabled.
Defenses to a Robbery Charge
Prosecutors frequently attempt to charge a person with the most severe crime and penalties possible. Fortunately, strong legal counsel can help create some particularly strong responses to a robbery charge, such as:
- Fear or force were not involved in the taking of the property
- There is a lack of evidence to establish that the person being charged committed the crime beyond a reasonable doubt
- Mistaken identity
- The person being charged actually owned the stolen property
- The person who committed the offense had impaired judgment
- The property was accidentally removed
Robbery or Burglary?
Burglary and robbery are not one and the same under the law. To be convicted of burglary, a person must unlawfully enter or stay in a structure or intend to commit a felony inside a structure. Robbery, on the other hand, has no requirement regarding buildings or structures. Furthermore, to convict a person of burglary, the accused need only to have the intention to commit the act and is not required to have actually committed the offense. This is not the same for robbery.
The severity of a burglary depends on the circumstances of the case. Burglarizing a building which is not a habitation results in a person facing up to two years in a jail and a fine of up to $10,000. Burglary of a habitation or breaking into vehicles that are used for overnight accommodations is classified as a second-degree felony that results in a person facing up to 20 years in prison and a fine of up to $10,000.
Penalties for a Robbery Conviction
In the state of Texas, robbery is classified as a second-degree felony that results in a penalty of up to 20 years in prison or a fine of up to $10,000.
A person who is convicted of aggravated robbery faces a first-degree felony. In addition to, results in up to 99 years in prison and a fine of up to $10,000. A Midland robbery lawyer can attempt to mitgate the penalties that an individual may face.
Calling a Midland Robbery Attorney
Contact a Midland robbery lawyer if you have been charged with robbery. Your attorney can evaluate your case and help you understand the charges you face. And options available in responding to those charges of robbery or aggravated robbery.
A robbery lawyer may be familiar with the very obstacles that can arise as you go through the legal system. And can understand the best way forward that can provide you with the most positive outcome possible. In conclusion, call an attorney today to see how they can defend you.