When you think of robbery charges, you may think of armed robbery–maybe a man a person with a gun holding up a bank. The truth is that armed robbery is only of the several different types of robbery that you can be convicted of in Alabama. If you have been accused of robbery, contact a theft lawyer right away. A robbery lawyer can discuss your options with you, possibly get your case dismissed, and if we can’t beat the charges, we will work to obtain the best outcome possible for you.
It is important to understand the distinction between different types of robbery charges. If the facts of your case do not fit the crime charged, we may be able to help you get the charges dismissed or reduced, even if you are guilty of a less serious crime.
A person commits First-degree robbery if they commit robbery and are armed with a dangerous weapon or if they cause serious physical injury to another. A person who was acting as an accomplice in a robbery may be sentenced to jail time for armed robbery even if that person did not possess a weapon during the commission of the crime. First-degree robbery is a Class A felony in Alabama.
If a person has an item that they represent to be a dangerous weapon to anyone at the scene of the crime, this is prima facie evidence that they were guilty of possessing a weapon. This means that there is a presumption in favor of the fact that the defendant was guilty of possession of a deadly weapon.
A person commits robbery if they commit third-degree robbery and are aided by an accomplice. Being aided by an accomplice increases the seriousness level of the charge, and you can still be charged with armed robbery (or first-degree robbery) if you or another person possessed a deadly weapon. Second-degree robbery is a Class B felony.
A person commits third-degree robbery if, during the course of committing a theft, he or she uses force against the owner of the property intended to be taken or any person present with the intent to overcome physical resistance or threatens the use of force against the owner of the property or any person present with the intent of compelling cooperation or escaping with the property. Third-degree robbery is a Class C felony.
If robbery is committed under circumstances that make it worse than simple robbery, this is considered aggravated robbery. For example, if the robbery was done during the commission of another felony, this would be considered aggravated robbery.
A person commits attempted robbery if, with the intent to commit robbery, they do any “overt act” towards the commission of the offense. If committing the offense would have been impossible under the circumstances, a defendant may still be guilty of attempted robbery if they could have committed the offense if the circumstances had been as the defendant believed them to be.
If a person who commits attempted robbery makes a complete and voluntary renunciation of his or her criminal intent and therefore avoids committing the criminal act, the defendant may be able to raise this as a defense to the crime of attempted robbery. If abandonment of the intent to commit the act is not enough to avoid the commission of the crime, the defendant must take affirmative steps to prevent the commission of the crime.
The degree of seriousness for attempted robbery is generally one degree less than it would be for the same crime if it were actually committed. For example, if a person attempts second-degree robbery (a Class B felony), that crime would be classified as a Class C felony.
When a person is convicted of robbery, they will be sentenced by a court within a range of possible punishments. The Alabama felony sentencing guidelines were developed by the Alabama Sentencing Commission and are intended to help judges sentence defendants to an appropriate punishment. For non-violent crimes, the sentence in the guidelines is presumed to be the correct sentence. This means that a judge will normally need to list a reason if there is a deviation from the guidelines.
The Alabama sentencing guidelines take into account a defendant’s criminal history and the seriousness of the crime. A court may deviate from the sentencing guidelines when there are aggravating or mitigating factors involved in the crime that makes a deviation from the guidelines appropriate. For example, if the defendant committed the crime while on parole, this may be considered an aggravating factor.
If the defendant cooperated with law enforcement, in some cases, this may be a mitigating factor. However, speak to an attorney before taking any steps to confess to a crime or cooperate with law enforcement since doing so could be very damaging to your case.
An armed robbery sentence for a minor will be less than it would be if the juvenile were tried as an adult. When a juvenile commits a serious felony, the prosecution may request a transfer from the juvenile court so that the minor may be tried as an adult. A criminal defense lawyer can present evidence about why the case should stay in juvenile court, such as the juvenile’s age, role in the alleged crime, mental capacity, and likelihood of rehabilitation if tried and convicted as a juvenile.
There are many possible defenses to robbery. Your attorney will select the best defense for your case based on a thorough evaluation of all the evidence the state intends to introduce in court against you. Every case is unique, so a strategy that worked in one case may be very different than one that is the best defense in another case. Following are just some of the possible defenses to robbery charges:
If you have been accused of robbery, an attorney can help you fight the charge. Remember that the state must prove the case against you. An experienced robbery attorney with Alabama Criminal Lawyers may be able to find ways that the state’s evidence doesn’t support the charges. Our attorneys will work hard to explore every possible defense to help you beat the charges and keep you out of prison.
Contact Alabama Criminal Lawyers today at (205) 981-2450 for a free consultation.