When an individual is charged with robbery in Pennsylvania, one of the manners in which an experienced robbery attorney approaches the defense is to have the element of force reduced or taken out of the case. If the element of force is removed, then what would otherwise be charged as a robbery–which is graded as a felony–can have the opportunity to be reduced to a theft–which is graded as a misdemeanor, and in some cases as the even smaller charge of summary offense.
The only way to get to that point is through proper preparation, the use of resources, investigations, as well as thorough reviews of all the evidence in the case. Once those steps are taken, any possible chance of a reduction from a robbery offense to theft or even summary offense can come into play. In some cases, it is the defense that has the burden of showing the prosecution in the courts that a particular set of facts do not equate to robbery. Having the right lawyer is the first step in preparing for such a defense.
In Pennsylvania, should a robbery–through the diligence of an attorney and investigation by his or her staff–lead to a lesser included defense such as theft, it is still essential to have an attorney throughout every stage of the process. There is such a slim difference between theft graded as a misdemeanor and robbery graded as a felony that any particular detail can change the way a case is treated. Having an experienced and knowledgeable lawyer control those details and control the type of evidence that is submitted can raise the chances that the accused can obtain a beneficial outcome. Having an attorney typically demonstrates that a person accused of such a crime is taking the case very seriously and with the right investigation, an individual charged with robbery could potentially receive a lesser theft offense.
While a theft offense can carry stiff penalties, such as incarceration and probation, a robbery offense carries the most weight with the courts and brings with it much harsher penalties. Reducing a charge to theft will go a long way toward reducing the penalties associated with a conviction.
In some cases, an attorney is able to convince the prosecution and the court that a summary offense is the most accurate and appropriate result of the events in question. It is the type of offense that could more easily be eligible for a diversionary program. This kind of program has the possible benefits of protecting a person’s record or allowing a non-custodial sentence such as probation. These options and possibilities typically only come into play when a person has done his or her work in defending the case, and the best way to do the work is in conjunction with and with the advice of an experienced criminal defense attorney.
When there is any allegation of a robbery or theft crime, and someone finds themselves as the focus of a particular investigation or as a target, it is essential to reach out and obtain the services of an experienced criminal defense attorney as soon as possible. Having a knowledgeable attorney by your side can be invaluable as you work to reinforce any possible defenses. Getting a lawyer involved at the outset allows the attorney to begin pursuing the proper resources and taking advantage of any opportunity to reach out to the authorities, perhaps even to obtain a reduction in charges before the case ever reaches the trial stage.
With a strong attorney and a thorough investigation of the facts of the case, a robbery may be able to be reduced to a theft or an even lower charge. Therefore, when a person is accused or suspects they could be accused of a robbery or theft-related crime, they should immediately reach out and consult a criminal defense lawyer with extensive experience in both the legal and geographical jurisdiction. Together, you will be able to access the best resrouces in order to expedite the case while protecting all relevant rights.