Robbery is a serious criminal offense with significant legal consequences, including hefty fines and lengthy prison sentences. If you or someone you know has been charged with robbery, seeking legal representation from a skilled and experienced criminal defense attorney at Shrader, Mendez & O’Connell Attorneys At Law is crucial. These attorneys are trained to defend their clients vigorously and use various strategies and defenses to get them off the hook. This article explores four common defenses that lawyers use to defend individuals charged with robbery and explains how they work. Keep reading…
Lack of Intent
One of the most common defenses lawyers use in robbery cases is to argue that the defendant did not intend to commit robbery. To prove robbery, the prosecution must show that the defendant intended to steal something from another person using force or the threat of force. If the defendant did not intend to commit robbery and their actions were accidental or unintended, they may not be convicted of robbery.
For example, if the defendant took an item from a store without paying for it but did not use force or threaten anyone, the lawyer may argue that the defendant did not realize they were taking it without permission. This could result in a lesser charge or a complete case dismissal.
Another common defense strategy is to argue that the defendant was wrongly identified as the perpetrator of the crime. This defense is particularly effective when no physical evidence links the defendant to the crime, or the victim’s identification is unreliable.
For instance, if the robbery victim could not identify the defendant as the perpetrator clearly and there is no other evidence linking them to the crime, the defense may argue that the victim may have mistaken the defendant for someone else. In such a case, the defense may seek to introduce alibi evidence or eyewitness testimony to support their argument.
Coercion or Duress
The defense of coercion or duress involves arguing that the defendant was forced to commit the robbery against their will. This defense is typically used when the defendant was under some form of threat or coercion, such as being forced to commit the crime by a third party who threatened to harm them or their loved ones. In such cases, a lawyer can prove that the defendant was acting under duress or coercion to avoid a conviction for robbery.
The defense of insanity involves arguing that the defendant was not mentally competent when the robbery was committed. This defense is typically used when the defendant has a mental illness or disorder that impaired their ability to understand the nature and consequences of their actions.
To prove this defense, a criminal defense lawyer will provide evidence showing that the defendant suffered from a mental illness or disorder at the time of the robbery. They may use medical records, expert testimony, and other evidence to support their argument.
While these defenses can be effective, the case outcome ultimately depends on each case’s specific facts and circumstances. That’s why seeking legal representation from a skilled criminal defense attorney who can evaluate your case and develop a strong defense strategy on your behalf is crucial.