Building a Maryland Armed Robbery Defense
Armed robbery results in serious consequences and penalties. A criminal lawyer will begin building a defense for armed robbery in Maryland by educating themselves about the individual. This will entail getting to know everything about the individual’s background, their educational, their employment, military experience, and other information. The attorney will also run a criminal background check to see if they have any criminal record or any substance abuse issues or mental health issues.
In preparing for a specific defense for an armed robbery, it is important to remember that the state has to prove each and every element of the crime. Unless the crime was accomplished by force or threat of force, then it is not a robbery, it is a theft, which is a much less serious crime.
There are always the defenses of alibi and mistaken identity. Just because it is alleged that somebody committed a crime, if they were not physically there, it can be more difficult to prove otherwise. It is important to determine if the defendant has an alibi. Talk to an experienced Maryland armed robbery lawyer for more information.
Evidence in Maryland Armed Robbery Case
The criminal defense lawyer, in preparing for a defense strategy, would need to determine whether or not the defendant has an alibi and was not physically present when the crime took place. The attorney would gather evidence to prove where the defendant was. This evidence could be in the form of employment records (a time sheet), video footage from an establishment where the defendant was when the robbery took place, or interviews from people that the defendant was with at the time of the crime. In defending a case such as this, it is not always about the defendant gathering evidence but arguing that the state’s evidence is insufficient. Building a Maryland armed robbery defense means incorporating multiple angles of a case.
It is important to remember that the defendant does not have to prove that they are innocent. The state has to prove they are guilty beyond a reasonable doubt. An experienced defense attorney, after reviewing all of the state’s evidence, will see where the deficiencies are in the state’s case.
An example of that is if a person simply alleges that someone else robbed them. Other than one person’s word against another, there is not much evidence. Are there things that should have been done that were not done to either prove or disprove that the defendant committed a crime? Sometimes it is more successful to bring out all the deficiencies in the state’s case versus having to present affirmative defenses on behalf of the defendant. Building a Maryland armed robbery defense can be about challenging the state’s prosecution.
Negotiating Armed Robbery Down to Theft
If there is an issue relating to force or threat of force, then it is possible that the prosecutor would consider engaging in a plea deal to a theft instead.
It also depends to a certain extent on the person involved and the credibility of the person. Prosecutors know that individuals are witnesses who are subject to cross-examination, and that would include if they had any prior criminal record that affected their honesty or their credibility. They could be cross-examined about their prior theft or other offenses and it would be those issues of the individual that could cause the state to consider more lenient plea offers. Consult with an attorney for more on building a Maryland armed robbery defense.