Robbery Offenses – Criminal Defense Atlanta
There are many types of robbery. In all cases, an individual takes possession or ownership of a piece of property to which he or she is not entitled.
In crimes of false pretense, perpetrators obtain ownership rights through an act of deception that pertains to facts about the past or present. The transfer of title for that property is obtained through fraudulent acts.
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There may be a number of defenses available to a person who is facing robbery charges.
What you considered to be a small robbery charge can result in a seriously severe sentence if a judge is inclined to believe that you need it.
Robbery Criminal Defense
There are several defenses against robbery charges. Go fill out my free evaluation survey and we can determine which one is best for you.
- Affirmative Defense:
An affirmative defense is where one of the elements of robbery cannot be proved. For example, if the defendant did not intend to “permanently deprive” the person of their property (i.e., they planned to return it later), it can serve as an affirmative defense.
- Lack of Evidence:
As in any criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt”. If the prosecution cannot supply reliable evidence, the defendant cannot be found guilty. Common examples of this are where the defendant’s whereabouts at the time of the crime can’t be determined.
- “True Owner” Defense:
It may be a defense if the defendant believed that they were the true owner of the personal property that they took. Again, issue of the use of force must be dealt with- this defense will work best if the other party initiated an act of violence against the defendant.
If the defendant was intoxicated to the point where they could not form the required intent, it will serve as a defense. This is true even if the defendant was voluntarily drunk or intoxicated.
Duress is where the defendant was forced to commit the crime under threats of serious physical injury or death. This is a difficult defense to prove, since the defendant will usually have a sufficient amount of time to avoid committing the robbery
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Types of Robberies
Larceny is a crime in which the perpetrator gains possession of a piece of property, but not ownership rights. The larcenist takes possession of the property without permission from the owner, or with permission of the owner but for purposes contrary to that permission.
The perpetrator may have asked to borrow a piece of jewelry for some specific event and instead sold that piece of jewelry even though they did not have ownership of that jewelry. The perpetrator did have permission to possess the jewelry, but only for a certain period of time. They were also expected to return the jewelry.
- False Pretenses
False pretense involve an individual that obtains ownership rights to property by taking place in an act of fraud. Crimes of false pretense often involve an act of deception that directly results in an individual giving up the ownership rights to a piece of property as a direct result of that act of deception.
- Armed Robbery
Armed robbery is generally the charge against a perpetrator that utilizes a weapon during the commission of a robbery. Robbery is the taking of property through the use of force, or threat of force. Armed robbers use a weapon to gain victim compliance.
- Aggravated Robbery
Aggravated robbery involves a perpetrator taking property from the person that has possession rights to the property while using force or threatening the use of force.
- Bank Robbery
Bank Robbery is a Federal crime which incurs very harsh sentences. Those sentences can be affected by the seriousness, or degree of the crime.
Copyright infringement is very common. Many times, the perpetrators will violate a copyright in order to make copies of artistic material in order to sell those copies and make a profit.
Burglary involves the illegal entry of a structure with the intent of committing another crime. The other crimes include a number of possible intents.
Looting is a crime that takes place when the owner of a structure, or piece of property, is unable to protect that structure or the contents of that structure and individuals remove items during that time.
If YOU HAVE BEEN ACCUSED OF A CRIME BUT HAS NOT YET BEEN CHARGED, CALL US IMMEDIATELY. WE MAY BE ABLE TO PREVENT THE FILING OF FORMAL CHARGES.