Robbery is a serious crime that involves the use of force or threats to steal property from someone. This distinction separates it from other theft crimes that lack the element of force. As a result, conviction of robbery can result in severe penalties, including prison time and fines. A defendant’s best strategy for defending against a robbery charge may be to seek legal representation from a criminal defense attorney.
What Is a Defense to Robbery?
There are several different robbery defenses that a lawyer could raise in a case. One is to challenge the force element of the offense. It isn’t enough to merely threaten violence or intimidation, it must be demonstrated that physical force actually was used or that the victim was put in fear of injury. Knocking a person down or taking their iPhone out of their hands are examples of this type of force. The threat doesn’t need to be explicit either, even a veiled one can be sufficient, such as a beggar asking for spare change and implying that he or she has a gun.
Another potential defense is to challenge the theft aspect of the crime. The law requires that the defendant must have intentionally taken the property of another, but a defendant might argue that the item was given to him or her and did not belong to the victim in the first place. Alternatively, the defendant might raise a claim of duress or coercion.