Building a Stamford Robbery Defense
In Stamford, a robbery is committed through the use of force or threatened force whereas a regular larceny does not need that element. A skilled robbery lawyer be able to negotiate a charge down to a theft charge by proving the level of physical threat or physical contact is minimal or insignificant.
Individuals should contact a criminal lawyer as soon as the defendant is charged with the crime and/or is aware of the possibility of being charged with the crime.
Defining Probable Cause
In order to charge somebody with a robbery, the Prosecutor only has to show that there is probable cause showing the accused individual committed a larceny. In the course of committing larceny, the defendant used physical force upon another person for the purpose of compelling that person to give the property over, or forcibly took the property from another.
The elements do not change when somebody goes to trial, but the level of proof changes. In terms of what the prosecutor needs to show to charge someone with robbery, they only need to show that there is probable cause, or reason to believe that this crime has been committed.
Once the defendant goes to trial, in order to convict, the prosecutor needs to show that there is evidence beyond a reasonable doubt that this crime was actually committed. Taking someone else’s property and threatening the safety and well-being of that person can elevate the severity of a robbery charge.
Evidence and Evaluations for the Defense
Video evidence may be the most helpful way to show what actually happened. With robbery, medical evidence showing marks or bruises on their body actually comes into the picture, because now the charge is dealing with force or the threat of force. That would speak to the level of force that was used and will confirm or undermine what the victim is claiming in terms of what happened.
When building a Stamford robbery defense, an attorney may have the individual evaluated for any kind of drug addiction or mental health disorders. That may shed light on why an individual acted in a way that can be deemed uncontrollable as opposed to something that they willingly did.
Accepting a Plea Deal
When the evidence is overwhelming and that the likelihood of a conviction is all but certain. If the judge or prosecutor make an offer that may not include conviction after trial, the attorney may encourage the defendant to consider it. It is not a common expectation for anyone proceeding to trial with their case.
The other thing is when the defendant has a viable mental health or substance abuse issue that might have led to the crime being committed. A defense attorney may encourage the defendant to take a plea deal if the plea deal focuses more on rehabilitating the person for the underlying condition as opposed to punishing them. The attorney will be more likely to encourage the defendant to take that opportunity to get help they may need.
Hiring a Lawyer
A lawyer can help potential clients prepare for court and can defend their rights on the individual’s behalf. Local attorneys have an understanding of the legal process and can identify the best opportunities possible for resolving the case in the most favorable way for the defendant. An attorney can ensure that the case is properly investigated and that the defendant is able to prepare the best defense possible should it proceed to trial.