Contact Toledo Robbery Defense Lawyer, Seneca Weirich Harden regarding your Robbery Crime Defense or other Criminal Defense Attorney needs by calling 419.509.7537.
About Robbery Crime Charges: Robbery is defined as the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. There are variations of Robbery Criminal Charges.
The degree of Robbery Crime that an individual is charged with may depend upon specific element of the crime, if a firearm or other deadly weapon was present or used during the commission of the alleged Robber Crime, if the Robbery Victims were physically harmed or lost his or her life as a result, and sometimes the prior criminal history of the accused.
Burden of Proof in Robbery Crime Defense Cases: First the prosecution must be able to prove the accused was physically at the location of the robbery at the time of the robbery. An exception to this is if the accused played a part in the planning of the robbery crime (which the prosecution must prove as well). The existence of force, violence, assault, or instilling in fear in the victim must be established. The absence of force, violence, assault, or no-one being present may make burglary or even theft the appropriate criminal charge. This is important as the conviction penalties may be less severe than that of a robbery conviction. Other issues that the prosecution must prove is if a firearm, other weapon, or a deadly weapon was in the accused possession at the time of committing the robbery crime.
Defense of Robbery Crime Charges: Reading the burden of proof paragraph above, you probably noticed that the word "prove" was used a number of times. In each issue, the word prove is "beyond and to the exclusion of any reasonable doubt." Regarding a firearm, weapon, or deadly weapon being carried during a robbery, the phrase to pay attention to is "possession at the time of committing the robbery crime." Just because the accused is arrested with a firearm, weapon, or deadly weapon in their possession does not necessarily mean the weapon was present at the time of the crime. For instance, if the victim states that the offender had a knife, and the accused is arrested shortly after the robbery with a firearm, and not a knife. The firearm may not have been an element of the crime. The defense of robbery charges involves putting into question every element of the crime, the evidence against the accused, and witness statements and testimony. As with any criminal case, the actions of law enforcement must be examined to determine if any civil rights violations occurred, if the evidence against you was embellished, or if the investigation was compromised in any way.
If you require professional legal services regarding Robbery Crime Defense or other Criminal Defense legal issues, be proactive in protecting your legal rights by seeking the legal advice of an experienced Toledo Robbery Crime Defense attorney - lawyer. Contact the Law Offices of Seneca Weirich Harden, LLC by calling 419.509.7537.
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