What Happens If Someone Is Injured During a Robbery?
Most likely, if someone is injured during a robbery, the prosecutor will add additional charges against the defendant depending on the type of injury. These charges could be in addition to felony robbery charges. There could be felony assault charges as well, for example.
What Are Some Potential Defenses That May Be Used In Robbery Cases?
In robbery cases, if the defendant was not caught at the scene, then mistaken identity is a possible argument. Sometimes robbery suspects will be charged based on line-ups which are often suspicious and open to challenge, so mistaken identity is frequently used as a defense. Other times, it can be that the property actually belongs to the defendant and they were reclaiming it. Possible defenses are very fact specific and depend on the allegations.
Do Prosecutors Typically File Charges For The Most Serious Offense That They Can?
Whether a prosecutor files a charge for the most severe offense possible varies by prosecutor and by office. Certainly, there is the policy of some prosecuting offices that they always file the most serious charge. Others will file a lesser charge in hopes that a plea deal can be reached. If there is no plea deal, they will add charges and include more serious charges if applicable before trial.
Is It Possible To Have An Aggravated Or Enhanced Robbery Charge Reduced?
It is possible to have a serious robbery charged reduced depending on the facts and the defenses that are available. For example, if a charge is first-degree robbery because of a dangerous weapon, perhaps through discovery and after some investigation, the defense can show that the item was not actually a dangerous weapon at all. It may have been something else that just appeared to be dangerous in the heat of the moment and the victim interpreted it incorrectly. Sometimes we see this with cellphones. A dark cellphone that’s in a black case is sometimes, in that moment of panic, mistaken for a firearm. It could be reported as a dangerous weapon certainly, but under most circumstances it would not qualify as a dangerous weapon. Therefore, in that scenario, we could certainly argue to have probable cause thrown out on the first-degree robbery charge because there wasn’t in fact a dangerous weapon.
When Is It A Good Idea To Take A Plea Deal In A Robbery Case?
Whether it is a good idea to accept a plea deal in a robbery case will depend on each individual case and the conversations that had with the attorney. Certainly, you shouldn’t be taking any plea deal before your attorney has had an opportunity to review all of the police reports, audio, video and photographs; things of that nature to make sure that if there is a challenge as to whether there was in fact a dangerous weapon or a challenge to the identity of the robber. Those can be considered and challenged before any plea deal is reached. Otherwise, it’s possible to take a plea deal anywhere from your omnibus hearing up until even mid-trial when the evidence is coming in. Sometimes people decide to take a deal at that point after considering the prosecutor’s evidence and how the trial is going.
Is Breaking And Entering A Lesser Charge Than Robbery?
The charge of breaking and entering is going to be considered a burglary. You can certainly commit a robbery while also committing a burglary. For example, if you enter someone’s home and then you take something off of their person, that will be charged as a robbery in addition to a charge of burglary. In this case, the perpetrator has entered the home without permission and with intent to commit a crime. Therefore, breaking and entering and all burglaries are felonies. They further break-down into different levels of felony as well but in general, they are all felonies. Theft, robbery and burglary are all considered different charges under Minnesota law.
What Are The Penalties Associated With A Robbery Conviction In Minnesota?
The penalties for first-degree aggravated robbery is up to 20 years in prison. Second-degree robbery carries up to 15 years in prison. Simple robbery carries the maximum of 10 years in prison. All of this is dependent on the convicted person’s criminal history. If you have zero criminal history and you commit an aggravated robbery, either first or second-degree, the sentence is most likely prison. However, if you commit a simple robbery with no criminal history, then you will generally have a presumptive probationary sentence.
Is It Possible To Negotiate A Dismissal In A Robbery Case?
It is possible to negotiate a dismissal in a robbery case, but it’s very fact-dependent and witness-dependent. Sometimes, the state needs to rely on their witnesses to appear for trials in order to go forward. At times, they can’t find their witnesses. Under those circumstances, because the defendant has a constitutional right to cross-examine the witnesses against them, if a prosecutor can’t produce the person who may be the only link between the defendant and the charges, then the charges may get dismissed.
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