FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

What is Aggravated Robbery?

June 24, 2020 Federal Criminal Attorneys

Armed robbery is a crime that is committed when a person uses a deadly weapon while stealing something that belongs to another person. The perpetrator can use violence or even simply threaten to do so. However, most states don’t recognize the term “armed robbery.” Typically, this type of crime is known as aggravated robbery. The use of a deadly weapon increases the robbery charge up to aggravated, which means it is a more serious crime.

Prosecution’s Job

In a case involving a defendant who has been charged with aggravated robbery, the prosecution is required to prove that certain elements were in place during the time the crime was committed. These elements must be proven beyond a reasonable doubt in order for a defendant to be found guilty. They include the following:

The defendant took property from someone else: The crime of robbery is committed when someone takes personal property from another person that that individual owns without their consent. The victim doesn’t even have to be the actual owner of the property. For example, if someone borrowed a bicycle from a friend and was the bike was stolen from them while they were using it, the crime would be considered robbery.
The defendant took property from someone’s person or presence: Robbery is a crime that involves taking property off of someone’s person or in their presence. That means the item can be snatched from the victim’s hand or forcibly taken while the victim is able to see the crime occur.
The defendant must have carried the property away: The defendant must have actually carried the property away. Using control over the item can also be considered robbery.
The defendant intended to deprive the possessor permanently: For robbery to be the act committed by the defendant, the defendant must have intended to permanently deprive the victim of the property.
The defendant used violence or intimidation when they took the item: In order for a person to be charged with aggravated robbery, they must have used violence or intimidation. For example, if someone stole a woman’s purse and shoved her hard down to the ground to take it, this is considered an act of violence. However, the act of intimidating someone can also apply.
The defendant used a dangerous weapon: Aggravated robbery is a crime that involves the use of a dangerous or deadly weapon. If the defendant brandished a gun while stealing an object from a person, it is considered aggravated robbery.
The defendant used or carried a dangerous weapon: If the defendant actually carried a deadly weapon while committing the robbery, it is considered aggravated robbery.

What are Common Defenses for Aggravated Robbery?

One of the most common defenses for an aggravated robbery charge is to claim mistaken identity. In other words, a robbery may have happened, but the defendant wasn’t the one who committed the crime.

Another defense that is viable in some states is for the defense to argue that the defendant was taking what was theirs.

The defense can also challenge the use or threat of force in an aggravated robbery case. For instance, if the victim thought they were seeing a knife in the defendant’s pocket but the weapon was never used, the defense attorney can argue down to a lesser charge or simply robbery.

Other defenses may include claiming that false allegations are being made against the defendant. Improper arrest is another common type of defense in an aggravated robbery case.

Penalties for Aggravated Robbery

If a person is convicted of aggravated robbery, they are charged with a felony. This stands regardless of the value of the item stolen. The crime also involves the use of a dangerous weapon, which means harsh penalties that include a lengthy prison sentence and hefty fines.

A charge of aggravated robbery is very serious and requires the skills of an experienced criminal defense attorney. It is your best chance of having the charges against you reduced or perhaps, even dropped altogether.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

© 2020 Spodek Law Group | SEO by SEO Company DelanceyStreet and Lawyer Marketing With DelanceyStreet

No recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. Spodek Law Group expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site.   Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. The transmission of the Spodek Law Group site, in part or in whole, and/or communication with Spodek Law Group, via Internet e-mail through this site does not constitute or create an attorney-client relationship between Spodek Law Group and any recipients.   The firm does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this website. Every case is different, merely reading the information on our website does not create an attorney-client relationship. All visitors to our websites are told that Spodek Law Group may work with affiliate lawyers, also known as Local Counsel, in cities and states across the USA. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. They operate their own respective law firms, are independent of the Spodek Law Group, and are not employees/partners/of counsel to the firm. Clients viewing our website should be aware that when viewing our firm’s website, we may include and combine the experience and knowledge of both firms. References to a particular city, or state, in any article on this website does not mean that the firm has a physical office in that state or city.

Copyright 2020 Spodek Law Group. Terms of Use Privacy Policy Disclaimer Sitemap
Call Us