Robbery charges are often a very serious offense, but there are ways to get them dropped or reduced to a less serious offense. Many times, character references, rehabilitative actions and legal defenses can help to get the charges dropped. If you have been charged with robbery, it is always best to consult with an attorney to find out what your best options are. Having the right defense can make all the difference in your case.
How to Get Robbery Charges Dropped
- Taking property against a person’s will
Robbery is a criminal offense in which someone takes another person’s property without their consent. This can happen in several ways. For example, you may have to take a person’s property and move it to a new location before getting robbery charges dropped. Even if you do not move the property, the victim can still accuse you of robbery if you don’t return the items to the owner.
If you are accused of robbing someone, your best bet is to contact a criminal defense attorney to discuss your case. You should be prepared to prove your innocence. In many cases, a defense attorney can prove that you were the victim of mistaken identity. This defense may help you get robbery charges dropped altogether.
If you’ve been charged with robbery, you need to prove that you intended to steal the property in question. Many robberies occur during a fight, and you might accidentally leave some property behind. If you were only trying to get their money or a piece of jewelry, your case may be dismissed entirely. In other cases, you may be able to get the charges dropped if you can show that you took the property for personal use.
- Using force or threat of force
If you are facing robbery charges, you may want to use the threat of force to your advantage. This tactic may be effective if you are able to prove that you used force or threatened force to steal something. For example, if you were trying to rob a bank but failed to obtain the cash, you can use the threat of force to get the bank manager to give up the money.
While using force or threat of force to get robberies charges dropped is rarely successful, it can help you get a reduced sentence. The court will consider how the victim responds to the threat of force. It may be that the victim is afraid of losing their property.
As you can see, the consequences of a robbery charge are serious. A felony conviction can prevent you from getting the job you want, getting housing, and even having a firearm. Not only will you lose your freedom, but you will also have a criminal record that is not easy to remove.
- Involuntary intoxication
When a person is accused of robbery, he may be able to get his charges reduced if they can show that he was intoxicated. However, it is important to understand that voluntary intoxication is not a complete defense. It simply reduces the culpability of the defendant. In addition, a defense based on intoxication can lead to a less severe charge such as a misdemeanor.
This defense can be helpful if the defendant did not understand the consequences of drinking a certain substance. Intoxication will reduce a person’s inhibitions, judgment, and reason. Because of this, it may be difficult to prove that a defendant was insane, even if he was under the influence of alcohol or drugs. In addition, the judge may take expert witnesses’ testimony into account when considering this defense.
An experienced attorney can help with this defense. It can be a powerful argument in the right situation, but you should hire an attorney who understands the involuntary intoxication defense well. Despite its strength, this defense is rarely understood by prosecutors. The Lawson and Berry law firm has extensive experience in criminal cases, and they are adept at arguing and using involuntary intoxication defenses.
- Expungement
The process for expungement begins by filing a petition with the circuit court that oversees the charge. It must include a sworn statement by the petitioner that they meet the requirements. The district attorney and the law enforcement agency that arrested the defendant must also receive copies of the petition. If the State’s Attorney objects to the expungement, a hearing will be held. The court will then decide whether or not to expunge the records.
In California, if robbery charges are dismissed and the person was found not guilty during trial, the conviction can be expunged. However, not all robbery convictions are eligible for expungement, and armed robbery convictions may still show up on a criminal history search. In these cases, the court may grant a pardon instead. Pardons restore constitutional rights.
The process for expungement is similar to that for a criminal record, although the process differs from case to case. Depending on the charges, the process can take some time. However, it is well worth the wait. If you can get an attorney to handle the case, the process will be relatively easy.
Once you have qualified for expungement, you must file an application for the order. You can find the application here. Once you have completed the application, you must provide certified copies of the dispositions in the case. These can be obtained from the prosecutor’s office or court records.
- Common defenses
In order to get your robbery charges dropped, it is essential that you retain the services of a good criminal defense attorney. Robbery is an incredibly serious crime and should not be taken lightly. However, you do have a few options to get your case dismissed or reduced. First, you can argue that the property was yours. For example, you may have just been trying to retrieve an item that you had misplaced. Another option is to argue that you were a victim of mistaken identity. Eyewitness testimony is notoriously unreliable, and this is a defense that may work in your favor.
Another defense to robbery cases is intoxication. This defense can work if you can prove that you were under the influence of alcohol or drugs at the time of the crime. This argument is not always successful, however. It can be extremely difficult for the prosecutor to prove intent when someone is intoxicated, so it is important to work with an experienced criminal defense lawyer.