NJ Aggravated Robbery Lawyers
Understanding Aggravated Robbery: What You Need to Know
Robbery is a serious crime that can result in severe punishment. When it involves the use of a weapon or causes injury, it’s considered aggravated and may lead to higher penalties. However, there are several factors that determine whether a robbery is considered aggravated or not. In this article, we’ll go over what constitutes aggravated robbery, how it differs from armed robbery, the possible punishments for this crime, and the defenses available to those facing charges.
What is Aggravated Robbery?
Aggravated robbery occurs when a perpetrator uses physical force or implements a deadly weapon to commit theft. It can also be distinguished by specific circumstances surrounding the crime that make it more heinous. These situations include but are not limited to using violence against the victim or causing injury during the act of stealing.
How Does it Differ from Armed Robbery?
Although both terms share similar characteristics in their definition, armed robbery pertains specifically to offenses where perpetrators possess or utilize weapons during theft incidents. However, aggravated robbery refers not only limited to these scenarios but includes instances where violent means other than firearms are used like knives, bats and even hands.
Punishment for Aggravated Robbery
Aggravated robbery is classified as first-degree robbery which means harsher punishment awaits perpetrators convicted of such crimes. Sentencing may vary depending on your state law but most commonly imprisonment and fines at max level according to law occurs once charged with these offenses.
Proving Crimes of Aggravated Robbery
For prosecutors to successfully charge anyone with aggravated robbery they have to prove beyond doubt the following elements:
You took possession of another person’s property:
Prosecutors must show evidence that you have taken someone’s legitimate property, and obtaining the property by any other means like borrowing or simple handovers still counts as committing a robbery.
You carried the possession out:
The prosecution must prove that you had complete control over an item in question to be considered illegal. Even if you fail to take it away with you physically, just possessing or controlling it constitues a crime
You used violence or intimidation
To impose fear on the victim causing them to surrender a possession through bodily harm, threats of physical harm, and use of outright violence constitute robbery.
You used a dangerous weapon:
Any object that can cause significant harm or death to another person is deemed as dangerous weapons legally. You don’t necessarily have to take out the weapon; brandishing it accompanied with verbal threats may lead prosecution against you.
What Are the Possible Defenses?
Being charged is not equal to guilt as there are defense options your attorney may consider when fighting Aggravated Robbery charges. These include;
Your lawyer can gather vital evidence in demonstrating your non-involvement in aggravated robberies if charged wrongly. The standard strategies followed by lawyers include presenting alibis(people), disqualifying photographic/gallery lineups and exposing witnesses’ contradictions resulting from false claims.
Insufficient Prosecution Proof :
Prosecution has to prove beyond reasonable doubt all four considerations above; failure of which will see charges dismissed against you even after being accused earlier.
Coercion into committing the crime:
If someone threatened coercion and you had no other option than accepting their terms, information about psychological exploitation or such situations relayed to your lawyer may help elminate/ minimize legal consequences.
Call Your Lawyer
Since the punishments for aggravated robbery are severe and may include jail time or hefty fines, finding legal aid should be imperative after being charged. An attorney who deals with criminal legal matters can provide a clear understanding of what becomes available in defense options, evaluating the evidence against you, and creating possible plea deal scenarios. Call one now if you’re in such an unfortunate predicament.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS