Strong Arm Robbery Defenses
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What Is Strong Arm Robbery?
Strong arm robbery is larceny with force, threat of force, or intimidation. It is a felony charge that carries up to 20 years in prison plus a fine.
What Are Some Defenses for Strong Arm Robbery?
Keep in mind that the exact defenses available to a person accused of strong arm robbery depend on the facts and circumstances of the charge. Some of the common defenses to robbery charges are:
- Lack of Evidence: Lack of evidence means the prosecutor does not have enough evidence to prove that the defendant committed the alleged robbery. If the prosecutor cannot prove the defendant committed the crime beyond a reasonable doubt, a defense attorney may argue for the charge to be dismissed.
- Insufficient Proof of the Elements: To successfully prove that the strong arm robbery occurred, the prosecutor must prove each element of the crime. A defense lawyer can argue that one or more of the elements, such as the required intent or use of a weapon, did not occur.
- Duress: Duress refers to the defendant robbing the victim while being forced to due to receiving threats of death or severe physical injury from a third party.
- Involuntary Intoxication: Involuntary intoxication means that defendant had no control over their behavior at the time of the crime because they were under the influence of drugs and/or alcohol. The “involuntary” part of the defense means that someone forced the defendant to consume the substance or secretly gave the substance to the defendant without the defendant knowing about it.
- True Ownership: The true ownership defense involves the defendant being the real owner of the property taken. The defendant’s attorney will have to come up with a strategy for the use or threat of force element.
What If I Am Innocent?
Innocence is a defense to strong arm robbery. A prosecutor has the burden of proving the defendant committed the crime. However, a defendant can offer evidence of their innocence, such as an alibi for their whereabouts during the crime.
Should I Contact a Criminal Lawyer to Work on a Defense Strategy?
Whenever you are suspected of or charged with strong arm robbery, you should contact a criminal lawyer. You and your lawyer can work together on a defense strategy that can get the charge dismissed, reduced, or not guilty verdict.
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Last Modified: 10-12-2016 03:47 PM PDT
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