For an individual to be charged with and convicted of robbery in the Commonwealth of Pennsylvania, the prosecutor must meet certain elements of proof beyond a reasonable doubt. Because prosecuting counsel will be working to set the stage for a conviction, it is important to have a strong attorney by your side to represent you in court, fighting to ward off or minimize the charges, as well as mitigate the damages.
Amongst the elements for robbery, the prosecution or government has to prove that the alleged incident involved some sort of unlawful taking from one person by another, and that the person who took the items intended to permanently deprive the alleged owner of such items. Additionally, there must be proof that a certain level of force is involved. The element of force, however, slight or however serious, is what elevates a charge from theft alone to one of robbery, and carries with it the potential for greater penalties.
In devising a defense for the crime of robbery, a criminal lawyer in Pennsylvania should always start by doing a thorough interview of the client and obtaining general information as to any possible alternatives to what may have occurred. Each and every case is fact specific unto itself. Therefore, each case that an attorney may analyze is dependent upon the individual details of that case. Because of that, defenses will often vary. However, regardless of the details, having the right lawyer with the right resources and the right abilities to determine the best defense is crucial to building a successful defense for an alleged robbery charge.
Necessary elements of that defense include, but are not limited to:
These are all essential to determining and executing the best defense. In addition, any sort of evidence, such as DNA or identification evidence, must be challenged. For example, if an individual is accused of a strong-armed robbery–meaning he or she physically took an item from another using force–and the accused was identified at a later time without the objects, an alibi could be a proper defense in such a case. That is one potentially effective way in which robberies can be defended and in some cases even lead to acquittals.
When charged with robbery as well as any other serious criminal offense, a lawyer may ultimately sit down with his or her client and negotiate what is often called a plea deal, or some sort of pre-trial bargain to resolve the matter. Before an individual can get to that stage and be offered an appropriate sentence for a particular case, an attorney representing the individual should use all resources, all experience and all know-how to try to get to the bottom of a particular case in a way that benefits the client. The amount of mitigation or reduction evidence of a sentence and investigation can only help when trying to make a determination of what the most appropriate sentence for someone accused of an alleged robbery or other crime.
Therefore, before any plea bargain can be reached, a thorough investigation and mitigation packet must be put together. Once that occurs then the government, the courts and any other authority can review such and make an appropriate recommendation for sentencing. If such a recommendation is met and the right recommendations are made then a plea bargain is often presented and an individual who would otherwise be facing extremely long periods of incarceration or probation is often offered something much less and the matter is resolved in a more expeditious fashion which benefits all parties.
Navigating the court systems can be an intimidating process, especially when everyone around you is trained and ready to use the law against you. Because of this, if you are charged with robbery, having an attorney by your side can be an invaluable asset. A knowledgeable attorney with local experience will be able to help guide and advice you as you fight to minimize and deflect all possible charges and damages.