Understanding Robbery Charges
When someone is accused of robbery, it is a severe allegation that labels the perpetrator as a violent and dangerous individual. For this reason, a robbery conviction can result in heavy penalties that change the trajectory of a person’s life. If you or a loved one has been charged with robbery, the criminal defense attorneys at Schalk, Ciaccio and Kahn are here to help you understand your charges and protect your rights throughout your legal case.
The Definition of Robbery
Robbery is a criminal offence that typically involves taking personal property from another person by force or intimidation, intending to permanently deprive the person of the property. For the crime to be considered robbery, it must be proven that the defendant used or threatened the use of physical force.
Robbery in the Third Degree
Robbery in the third degree is a class D non-violent felony, with a punishment of up to seven years in prison. For a crime to be considered third-degree robbery, a person must be proven to have forcibly stolen property.
Robbery in the Second Degree
Robbery in the second degree is a class C violent felony with a mandatory punishment of at least three and a half years and a maximum penalty of 15 years in prison. Similar to third-degree robbery, second-degree involves forcible theft of property.
However, to be second-degree, a second party must be involved, the defendant has caused physical injury to the victim, the defendant displayed a firearm or something similar looking to a firearm during the crime, or the defendant stole a motor vehicle.
Robbery in the First Degree
Robbery in the first degree is a violent class B violent felony with a penalty of five to 25 years in prison. This type of robbery includes forcible property stealing, causing severe physical injury to a victim, being armed with a deadly weapon, displaying a firearm or something resembling a gun, or robbing a bank or financial institution.
What to Do If You’re Accused
If you find yourself accused of robbery, it’s imperative to exercise your right to remain silent until you can speak with an attorney. Answering questions from law enforcement may incriminate you and be used against you in court. Furthermore, do not consent to a search. Unless the police have obtained a search warrant, they do not have consent to search your property or vehicle lawfully.
What to Do After a Charge
Once you have been formally charged with a crime, it’s essential to take prompt action and find a reputable attorney to protect your rights and interests. Your attorney will provide expert guidance that helps you fully understand the charges against you. Additionally, your attorney will assist in entering a plea and will thoroughly prepare you if your case goes to trial, ensuring you have a strong defense backed by substantial evidence.
Juveniles and Youthful Offenders
Juveniles and youthful offenders are held to different standards than adult offenders, following a separate set of procedures when they are charged with robbery. In some instances, a 16-year-old may be tried as an adult if the crime is found to merit more severe punishment, which takes place in juvenile court and results in a criminal record.
In contrast, minors under the age of nine may be subject to youthful offender treatment, which includes a sentence without a permanent criminal record. It Is important for youthful offenders to secure experienced legal backing to safeguard their records and future.
Get the Legal Representation You Need
A robbery charge can offset your entire life. That’s why pursuing experienced legal backing is imperative in these high-risk cases. Our skilled criminal defense attorneys at Schalk, Ciaccio and Kahn are here to help you or a loved one obtain a favorable outcome in your case, ensuring your rights and best interests are protected throughout your legal proceedings. Contact us today to speak with one of our criminal law professionals.