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What is the Best Line of Defense for Robbery Charges in NYC?

March 21, 2024 Uncategorized

What is the Best Line of Defense for Robbery Charges in NYC?

If you or a loved one has been charged with robbery in New York City, having an experienced criminal defense attorney on your side is crucial. Robbery charges can lead to years in prison, so building the strongest possible defense is imperative.

According to NYC criminal lawyers, there are a few key elements to crafting an effective defense against robbery charges:

Challenging the Evidence

A top priority is examining the prosecution’s evidence and looking for holes or inconsistencies. According to defense attorneys on Reddit, key questions to ask are:

  • Is the eyewitness testimony reliable? Eyewitness misidentification is a leading cause of wrongful convictions.
  • Is there DNA evidence? Can we challenge the chain of custody or testing methods?
  • Are there issues with how lineups, interrogations, or confessions were conducted?
  • Can any physical evidence be called into question?

As explained on sites like Avvo and LawInfo, scrutinizing the quality of evidence is vital to raising reasonable doubt of guilt.

Focusing on Intent

Robbery requires proving the accused intended to permanently deprive the victim of property . Quora lawyers advise focusing on arguments like:

  • The accused did not use force or threats during the incident
  • Any taking of property was temporary, not permanent
  • The defendant had no knowledge property was taken or had consent
  • The defendant was not at the scene; misidentification occurred

If intent cannot be proven beyond a reasonable doubt, then the robbery charges should not stick.

Sentencing Mitigation

If convicted of robbery, skilled NYC defense lawyers know how to present mitigating factors at sentencing to minimize penalties. As explained on FindLaw, strategies involve highlighting:

  • Minimal or no prior criminal history
  • Positive steps taken since the offense, such as entering rehab or getting a job
  • Family obligations, such as providing childcare
  • Mental health issues that require treatment, not incarceration

An effective sentencing memorandum can convince the judge to be more lenient.

Additional Defenses

Depending on the circumstances, other defenses NYC attorneys might employ include:

  • Duress: Defendant only committed the robbery under threat of violence
  • Necessity: Defendant stole essential property to prevent death or harm
  • Intoxication: Defendant was too impaired to form necessary intent
  • Self-defense: Force was used against the “victim” out of reasonable fear

An experienced robbery defense lawyer can assess if factors like these apply.

Finding the Right NYC Defense Attorney

Since robbery charges can result in years behind bars, the right legal representation is critical. According to Reddit users, key tips for finding a strong defense lawyer include:

  • Choose an attorney focused specifically on criminal defense
  • Find someone experienced in defending robbery cases
  • Select a lawyer you feel comfortable with and who listens to you
  • Discuss payment structures upfront before retaining anyone

Robbery allegations in NYC can completely upend your life. But an aggressive defense lawyer intimately familiar with state laws can give you the best chance at a favorable outcome. Reach out to skilled robbery defense attorneys in your area for a consultation today.

Resources:

References:

FindLaw Definition of Robbery
Example of duress defense case
Example of necessity defense case
Example of intoxication defense case
Example of self-defense case

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