To be found guilty of robbery, the crown must prove beyond a reasonable doubt that the accused had first committed theft by taking someone’s property then show it was taken with violence or even the threat of violence against the victim. Also, if the victim can recognize the accused as the person who committed the act without any doubt, then the crown will have a much easier time in proving their case. There are cases where the victim may not personally know the accused; therefore, the defense lawyer may fight for their client’s rights that they have been falsely charged as it was not them at the scene of the crime.
This situation can happen in gas stations, retail, grocery, or convenience stores. Many of these places do have electronic security, such as recording cameras. Still, unfortunately, the guilty parties in most crimes will use a mask or hood to hide their identity.
As mentioned above, an argument that may be used by your criminal lawyer is false identification. If cameras do not identify the accused and the victim involved in this crime can not 100% identify the accused, then the attorney fighting for their client will lean very heavily on the fact that his client did not commit the crime of robbery. If the accused is identified by video or victim, your defense lawyer may argue or agree with the crown for a lesser charge, like assault or theft. Neither accusation is ideal, but both charges do carry a lesser sentence then robbery in most cases.
To be charged with robbery, there must be a violent act or threat of violence involved. What does this mean? It means that the crown must prove beyond a reasonable doubt that the accused used a weapon, hid their identity, used words of violence, or physically touched the victim in this crime. If the crown can not prove this to either judge or jury, then the charge may be dropped or lessened to a more non-serious offense.
An extremely serious charge, robbery carries penalties that are also serious. If you have been found guilty of this crime, the starting point the judge will look at is a number of months upto a maximum penalty of life imprisonment. There will be many factors a sentencing judge will look at before giving his final decision on a penalty.
Factors such as:
- was there a weapon involved?
- past criminal record of the guilty party
- physical harm to the victim
- does the victim experience mental damage
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As a criminal defense Law Firm, we understand people may find themselves in a legal situation at some point in their lives that they wish had never happened. We deal with people from all walks of life and are not here to judge you or your situation. We only want to help make your situation a better one and ease your stress.