The legal definition of robbery may vary by jurisdiction, but it typically consists of taking another’s personal property from their presence through the use of threats or force, with intent to permanently deprive the owner of possession. A main component of a robbery is the use of force by a defendant. Merely taking another person’s property is a crime, but it isn’t a robbery without force.
Defenses to a Robbery Charge
Due to the element of threat or force, a robbery defense may be harder for robbery attorneys in Allen County IN to establish. Some of the most common robbery defenses include:
- The affirmative defense. Here, an element of robbery cannot be proven. For instance, if a defendant doesn’t intend to permanently take the property away from the owner, a lawyer can claim an affirmative defense.
- Insufficient evidence. As in all criminal cases, prosecutors must prove guilt beyond reasonable doubt. If the prosecutor cannot offer enough evidence, the person cannot receive a guilty verdict. A common example occurs when a defendant’s whereabouts at the offense’s time cannot be determined.
- True owner. It can be a defense if a person believed that they owned the property in question. The use of force must be considered, and the defense works best if another party initiated a violent act toward the defendant.
- Intoxication. If a person is intoxicated to the extent that they couldn’t form the necessary intent, it serves as a valid defense. This applies even in cases of voluntary intoxication.
- Duress. Here, a defendant is forced to commit an offense under the threat of death or serious injury. This defense is hard to prove, because a defendant typically has enough time to avoid committing an offense.
Clients should consider that robbery defenses often depend on multiple circumstances, such as local laws and the individual facts of the case.
Does a Person Need a Criminal Attorney to Mount a Robbery Defense?
There may be a variety of defenses available to those facing accusations of robbery. One should Click here to call robbery attorneys in Allen County IN right away if they are facing such charges. It is vital for the client to understand all their legal rights and options, and a local defense attorney can provide representation in and out of court.