Any felony crime conviction can be detrimental to a person. Felony charges can be accompanied by years in prison, disrupting a person’s life and time with their family. Having a criminal record can also make it difficult to obtain work or rent a home. These detriments emphasize the importance of having a good defense strategy when being charged with armed robbery. Contact an Orangetown, NY criminal defense attorney to acquire representation and begin developing your defenses.
Armed robbery in New York can be considered either a second-degree or first-degree charge, both of which are violent felonies. Armed robbery in the first degree can result in a maximum prison sentence of 25 years. The actual sentence you are given will depend on the circumstances of your case, whether or not anyone was injured or killed, if you have a past criminal record, etc.
It is important to work with an attorney when facing these severe charges. A skilled lawyer could help get your charges reduced or even dismissed. They are well-equipped with a vast knowledge of the law, your rights, and what defense options have the best success rate. They can examine the details of your circumstances to discover what defense options may fit for you and work to properly make their argument in a court of law.
There are a few defense options that you and your attorney can employ when being charged with armed robbery. Keep in mind that the prosecution bears the burden of proof. This means that you do not have to prove your innocence, the other side has to prove your guilt. If you are innocent and can provide evidence such as a solid alibi and witnesses, it may be enough evidence to shed reasonable doubt on the opposing side’s case against you.
If you were intoxicated a court may also decide you do not hold as much criminal liability. The influence of drugs and alcohol can have a great impact on a person’s actions and ability to make sound decisions. Additionally, if you can prove that you were involuntarily intoxicated you may have your charges dismissed.
You may have also committed the robbery under pressure from a law enforcement officer or government agent for a variety of reasons, known as entrapment. If you can prove that you were pushed to commit the crime it can be an effective defense.
Finally, a court may lessen your penalties if you committed the robbery under duress. If someone else forced you to commit the crime by threatening you or blackmailing you with the idea of harm and you truly believed you were in immediate danger, it is a valid defense strategy. You will have to prove that there was a genuine threat and that you were not able to reasonably avoid the crime without potential bodily harm.
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