Any theft charge is serious, but a theft is elevated to the crime of robbery when there is violence or the threat of violence involved. This could simply be due to the presences of a weapon.
A Ringgold robbery lawyer could help defendants protect their rights and build a strong case. A dedicated theft attorney can work with defendants to explain the concept of robbery and how it differs from common theft allegations. They can then evaluate the strength of the prosecution’s case to determine the best way to fight back against the charges.
A theft describes any taking of property with the intent to deprive the owner of its use. However, robbery is different and much more serious. A person may commit a robbery if they accomplish a theft through the threat or use of force. Specifically, a robbery can occur if a person performs a sudden snatching from the apparent victim or does something that places the victim in a reasonable state of fear.
Robbery is a felony that carries a mandatory minimum sentence of one year in jail. The maximum available punishment is 20 years in prison. Robbery can become even more serious if a prosecutor can prove that a defendant carried a weapon at the time of the alleged offense, such as a gun or knife. Convictions here carry a minimum sentence of ten years, and the most extreme examples could lead to the death penalty. A Ringgold robbery attorney could help defendant’s differentiate between the various forms of robbery under state law.
Regardless of the form of robbery charge that a person faces, prosecutors must always prove the same core elements. The first is that the incident resulted in a theft. This means that the owner of property must have lost the use of the property as the result of the event. Alternatively, the prosecution may argue that a defendant intended to commit a theft. In either case, it can be helpful to evaluate the actions of all parties and examine any statements at the scene.
Another key element to robbery charges is the alleged victim’s state of mind. Robbery requires either the use of force or the threat of force. If no reasonable person could have felt intimidated by the incident, it may be difficult for a prosecutor to prove this concept to a jury.
Finally, many serious robbery accusations allege the use of a deadly weapon. A Ringgold robbery lawyer could help to dispute this accusation and work to cast doubt that a deadly weapon was present at the scene or the alleged victim reasonably believed that there was.
Allegations of robbery are among the most serious criminal charges that a person could face. Even the simplest form of these charges can result in a mandatory jail sentence upon conviction. Aggravating factors such as the age of the supposed victim or the presence of a weapon at the scene can raise the available penalties.
It is critical that any person facing a robbery charge take aggressive steps to protect themselves. Hiring a Ringgold robbery lawyer could be the first stage in your defense. An attorney can work to explain the law and your rights. They can then identify realistic goals and work towards making those goals a reality in and out of court. Reach out to a Ringgold robbery lawyer today to see how they could help you.