Somerset Robbery Lawyer
A robbery is similar to a theft. A robbery charge is taking the property of another with the intent to deprive the person of their property with force or threat of force. While theft is a misdemeanor, robbery is classified as a felony due to the added element of violence.
Robbery is a serious charge and is considered a crime of violence. A sentence can carry a maximum penalty of 15 years in prison with at least 50% of their sentence served before becoming eligible for parole. This charge carries long-lasting implications on a person’s life and contacting a Somerset robbery lawyer early will give you the best chance to build a strong defense for the elements of your case.
Elements of Robbery
There are specific elements that must be proven in order for the state to prove that the defendant committed robbery. The elements of robbery that must be proved by the state are the removal of the property of another, intent to deprive the person of said property, and the use or threat of force while taking the property. Property is a broad term, and is essentially anything of value. A robbery charge in Somerset could be the result of something as simple as taking a person’s wallet or purse by force.
Difference Between Robbery and Theft
The difference between a theft and a robbery is only one element: force or threat of force. Both theft and robbery charges include taking and carrying away the property of another person. The state must also prove the removal of property was committed by either force or threat of force, to charge a person with robbery.
An example of theft is the taking and carrying away of the victim’s purse located on a table. It would be classified as a robbery if the purse were instead removed from the shoulder of the victim and it had to be snatched from her grasp.
Robbery is much more serious crime. A theft is usually a misdemeanor and handled in district court with the maximum sentence not very severe. A robbery is a felony that typically carries a state prison sentence. A theft charge is often served in a local county jail. A Somerset robbery lawyer can help you in building a case and attempt to negotiate a charge down from robbery to theft. A robbery is a much more serious crime than theft and the penalties reflect that.
Penalties Associated with Conviction
The penalties of a robbery charge are severe, due to it’s nature as a felony conviction and can carry a maximum sentence of 15 years in prison. Felonies are very serious charges and carry a great deal of prison time. Typically, if someone has been convicted of a robbery, they are going to serve a sentence in prison versus serving a sentence in a local country jail.
The other issue regarding robbery is that it is considered to be a crime of violence. A Somerset robbery lawyer knows that the convicted must serve 50% of their sentence before they would become eligible for parole while other crimes, usually the charged needs to serve roughly 25% of their sentence before becoming eligible for parole. If the person is convicted of a violent criminal charge, it changes the parameters for eligibility of parole and takes much longer until they become eligible for parole.
Benefits of a Somerset Attorney
If a person has been accused of robbery they should immediately consult and hire an experienced lawyer. If a person is convicted of a robbery, they are likely looking at a prison sentence and an attorney can assist them with the case. Just because a person has been charged does not mean that the state has enough evidence to convict them.
An attorney can review the evidence and determine if there were any constitutional issues arose in gathering evidence against the defendant. A strong defense attorney can see if any of the evidence can be thrown out because the accused had their constitutional rights violated. A defense attorney can communicate the severity of the charge levied against the accused and inform them of their rights, realistic outcomes, and how they plan to build a strong defense for the best possible outcome depending on the facts of the case.