You did not expect something like this to happen to you or your loved one. Maybe you received property, and you are now being accused of armed robbery. Perhaps a love done is calling you from jail to inform you about the armed robbery charges against them.
Armed robbery charges are pretty serious and can carry up to 25 years in prison if a gun is involved. Not only does this have the potential to take ways your freedom, but it can significantly affect your personal and professional life. No matter the circumstances, you should fight armed robbery charges in New York with the help of a Long Island criminal lawyer.
What Exactly Is Armed Robbery?
Armed robbery occurs when someone uses actual force, intimidation, or threats of using force to take property from someone else while using a deadly weapon. This deadly weapon could be a firearm, a knife, or any object that could cause serious harm. Similarly, using a realistic toy gun can still qualify a crime to be an armed robbery.
There’s a difference between armed robbery and strong-armed robbery. In a strong-armed robbery, the defendant can only have used a personal weapon like a foot, fist or non-deadly weapon like a rock, and not deadly weapons like a gun.
Intentional or unintentional errors can cause you to be charged with the more severe crime of armed robbery instead of strong-armed robbery. A Long Island armed robbery defense attorney can ensure you’re not wrongly charged by looking at the specifics of your case.
Why Should You Defend Yourself Aggressively Against Armed Robbery In New York?
Armed robbery is a violent felony. This means it will likely result in significant incarceration. What makes armed robbery a serious crime is that it often results in multiple charges like assault, weapons charges and even murder.
Such an offense has several aggravating factors which can quickly increase the punishment severity. It gets even worse if the defendant has a violent crime criminal history. This is more reason you should have a Long Island armed robbery defense attorney in your corner. Cases like bank robberies attract harsher punishment because these cases implicate federal law.
How Is Armed Robbery Proven?
The prosecution has the burden of proof in such a case. Some of the elements the courts weigh heavily include:
- The identity of the suspect
- Evidence such as photographs, fingerprints, surveillance footages
- Proof of a deadly weapon possessed or used during the crime
- Lawful searches and seizures of the evidence, weapon, and property taken during the robbery
The work of your armed robbery defense lawyer in New York is to challenge these elements and suppress any evidence. Depending on the circumstances of the case, your armed robbery attorney in Long Island will use various defense strategies to fight for your freedom and rights.
How Do I Fight Against Armed Robbery in Long Island?
The prosecution must prove that the defendant committed the crime beyond a reasonable doubt. An experienced criminal defense attorney will keenly look at your case details and develop ways to fight these charges. Some of the possible defenses against armed robbery in New York include:
Innocence/Mistaken Identity
Sometimes witnesses may make mistakes when asked to describe a perpetrator. In such scenarios, you just start by stating you were wrongly accused and provide evidence to support your innocence. You could do this by:
- Providing alibi evidence showing you were not at the robbery scene
- Challenging the veracity of a witness testimony
- Showing that identifications like photo lineups and show ups were unreliable and prejudicial
Prosecutor Not Proving All Elements
You have a chance to challenge the specific elements of an armed robbery charge. If the charges are not proven beyond a reasonable doubt, you may be charged with a lesser offense or have the charges reduced.
No Gun Was Used
This defense will involve admitting guilt that you took someone else’s property and used force but did not use a gun or any other weapon. A lesser degree of robbery will be preferred in this case.
Forced to Commit the Crime/Duress
If you can show that a third party threatened to kill you or hurt you badly if you don’t commit the robbery for them, then you may have a complete strategy to fight your charges. This is common in gang-related setups. You will need an experienced and skilled defense lawyer for this strategy because it isn’t easy to convince the courts about being in duress.
Entrapment
Sometimes someone may want to entrap you to commit a crime and have you charged. If you can show that someone pushed you into committing the crime, you may have an entrapment defense. But if the defendant had already planned to commit the crime and the police provided the opportunity to do it, then the entrapment defense may not work.
Do I Need an Attorney for an Armed Robbery Charge in NY?
Armed robbery in New York is a serious criminal offense with harsh prison sentences and fines. Therefore, if you or a loved one is facing such charges in long island, you should not hesitate to contact an armed robbery defense attorney.
Your attorney will make you understand the potential outcomes of your case and your options. Your attorney will also represent you in court or negotiate on your behalf with the prosecution in the case of a plea deal. An attorney will also request alternative sentencing or request for reduced sentencing.
Fight for Your Freedom and Rights with The Help of a Professional
Violent crimes like armed robbery are serious crimes that could make someone spend years in prison away from loved ones and without their freedom. If you’re faced with this, know that there are several defenses you could use with the help of an attorney.
Our skilled armed robbery lawyer will help you explore all options for the best outcomes possible. Take action and fight these charges today. Start by getting in touch with us for a more detailed case evaluation.
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