Robbery Charges in Las Vegas

Robbery is a serious criminal offense. It involves taking someone else’s property by force, threat, or intimidation. Unlike theft, robbery includes an element of violence or the threat of violence. If someone is charged with robbery, it means the law believes they took something unlawfully from another person while using or threatening force.

Types of Robbery Charges

Robbery can vary depending on how the crime is committed. The penalties differ based on the robbery charge, with some forms carrying harsher consequences.

Armed Robbery

Armed robbery is one of the most severe forms of theft. It involves the use of a weapon, such as a gun, knife, or even a dangerous object, to threaten or harm the victim.

• Use of a Weapon: The presence of a weapon increases the threat to the victim and makes the crime more severe in the eyes of the law.
• Enhanced Penalties for Armed Robbery: Due to the dangerous nature of armed robbery, the penalties are often more severe than other types. This can include longer prison sentences and higher fines.

Strong-arm Robbery

Strong-arm robbery is committed without a weapon. Instead, force or the threat of force is used to steal from the victim. This can include physically pushing, shoving, or using body weight to overpower someone.

• Use of Physical Force: In strong-arm robbery, the robber uses their physical strength or intimidation to take property.
• Penalties Associated with Strong-arm Robbery: While strong-arm robbery does not involve a weapon, it can still lead to serious criminal charges. Penalties often include prison time, fines, and restitution for the victim.

Carjacking as a Form of Robbery

Carjacking involves the use of force or intimidation to steal a vehicle from a driver. It is considered a type of robbery because it consists of taking property (in this case, a car) through violence or the threat of violence.

• How Carjacking Relates to Robbery Charges: Like other forms of robbery, Carjacking involves forcibly taking something of value from another person. However, because of the specific nature of Carjacking, the charges and penalties are often distinct.
• Legal Implications of Carjacking Charges: Carjacking is often a severe crime, with long prison sentences as a potential penalty. If a weapon is involved, the charges can become even more severe.

Penalties for Robbery Charges

The penalties for robbery depend on several factors, including the type of robbery and the severity of the crime. Robbery is generally classified as a felony, and those convicted can face significant consequences.

General Penalties for Robbery

• Prison Time: Robbery typically results in a lengthy prison sentence, which can range from several years to life in some extreme cases. The sentence will depend on the specifics of the crime, such as whether a weapon was involved and whether anyone was injured.
• Fines: Besides prison time, the court may impose hefty fines as part of the penalty. These fines are often meant to cover the financial loss suffered by the victim.
• Restitution and Probation: Some defendants may be ordered to compensate the victim for their loss. In some cases, probation may be granted after serving a portion of the prison sentence.

Factors That Influence Sentencing

Several factors can impact the severity of the penalties for robbery charges. These include:

• Use of a Weapon: The penalties are typically more severe if a weapon was used during the robbery. Armed robbery is punished more harshly than strong-arm robbery.
• Prior Criminal History: Defendants with a previous criminal record may face harsher sentences. A history of violent offenses or prior convictions for robbery can influence the judge’s decision.
• Aggravating and Mitigating Circumstances: The circumstances surrounding the robbery, such as whether the victim was injured or the defendant showed remorse, can also affect the sentencing outcome.

Defenses Against Robbery Charges

Facing robbery charges can be overwhelming, but there are several legal defenses that can be used to challenge the charges. A criminal defense attorney will examine the evidence to determine if any of these defenses apply.

Alibi Defense

An alibi defense involves proving that you were not at the scene of the crime when the robbery occurred. If you can show that you were somewhere else, with evidence like a witness or surveillance footage, it could be enough to cast doubt on the charges.

• Presenting an Alternative Explanation: If you have proof you were elsewhere, such as an event or activity with others, the jury may be convinced you couldn’t have committed the robbery.

Lack of Intent

For a robbery conviction, the prosecution must prove that the defendant intended to steal. If the defense can show that the defendant didn’t have the intention to take anything, it could result in a reduction of charges.

• Proving There Was No Intention to Steal: If, for example, the accused accidentally took something without realizing it or was intending to return it, the robbery charge may be reduced to theft or dismissed altogether.

Mistaken Identity

Mistaken identity occurs when the wrong person is accused of the crime. This often happens when there are only a few witnesses or if the robbery took place under stressful circumstances.

• Challenging Eyewitness Identification: Eyewitnesses can be wrong, especially if they were under duress or not able to clearly see the perpetrator. A defense attorney can challenge the reliability of identification by showing inconsistencies in the testimony or presenting alternative explanations.

Duress Defense

The duress defense claims that the defendant was forced to commit the robbery due to threats of harm. If someone’s life or well-being is at risk, they may commit a crime under pressure.

• Claiming Coercion or Threats of Harm: If the defendant can show they were coerced into committing the robbery by someone else, such as a gang or an abusive partner, it may lead to a reduction in charges or even a complete dismissal of the case.

The Legal Process for Robbery Charges

Understanding the legal process is key if you’re facing robbery charges. It can be complex, but knowing what to expect at each stage can help ease some of the anxiety.

Arrest and Charges

When someone is arrested for robbery, they will be taken into police custody. During this stage, the charges are filed, and the defendant may be held in jail until their initial court appearance.

• What to Expect During the Arrest Process: The police will read the suspect their rights (Miranda rights), which includes the right to remain silent and the right to an attorney. It’s crucial to remain calm and not speak to law enforcement without a lawyer present.
• The Charges Filed and Their Implications: After the arrest, the prosecutor will file formal charges. The severity of these charges depends on whether it was armed robbery, strong-arm robbery, or carjacking. Each charge carries different legal consequences.

Pre-trial Motions

Before the trial begins, the defense team can file pre-trial motions to challenge the evidence or the charges. These motions can have a major impact on the outcome of the case.

• Filing for Dismissal or Reduction of Charges: If the defense believes there is not enough evidence, they can file a motion to dismiss the charges. Alternatively, they might request that the charges be reduced, for example, from robbery to theft.
• Suppressing Evidence: If the evidence was obtained unlawfully, such as through an illegal search or seizure, the defense can file a motion to suppress this evidence, which could result in the charges being dropped.

Trial and Sentencing

If the case proceeds to trial, both the prosecution and defense will present their arguments. The jury (or judge, in a bench trial) will decide if the defendant is guilty or not guilty.

• Overview of the Trial Process: The trial will include opening statements, witness testimonies, cross-examinations, and closing arguments. The defense will work to cast doubt on the prosecution’s case or show that the defendant’s actions do not meet the legal definition of robbery.
• Possible Outcomes After Trial: If the defendant is found guilty, the judge will determine the appropriate sentence. If the defendant is found not guilty, they will be released. It’s also possible that the case may end in a plea deal before reaching trial.

Impact of a Robbery Conviction

Being convicted of robbery can have a lasting impact on many aspects of your life. The legal consequences are severe, and the effects extend beyond the courtroom. Here’s what you need to know about how a robbery conviction can affect your future.

Long-term Consequences

A robbery conviction typically leads to significant legal and personal consequences. These consequences can last far beyond the time spent in prison.

• Criminal Record and Its Effects on Future Opportunities: A robbery conviction stays on your criminal record, making it difficult to find employment or housing. Many employers conduct background checks and may reject applicants with a criminal history, especially for violent crimes.
• Loss of Rights: Depending on the state and the severity of the charge, a conviction could lead to the loss of certain rights, such as the right to vote or possess a firearm.
• Social Stigma: Having a robbery conviction can carry a social stigma that may affect relationships with family, friends, and the community. People may judge you based on your criminal history, which can be isolating.

Civil Consequences

In addition to criminal penalties, a robbery conviction can lead to civil consequences. Victims of robbery may pursue financial compensation through a civil lawsuit.

• Lawsuits for Victims of Robbery: Victims who have suffered financial loss or emotional distress from the robbery may file a civil lawsuit against the defendant. If the victim wins, they may receive damages, which the defendant will be required to pay.
• Financial Restitution: As part of a robbery conviction, the court may order the defendant to pay restitution to the victim. This is meant to compensate the victim for their losses, such as the value of stolen property or medical bills.

What to Do If You Are Facing Robbery Charges

If you are facing robbery charges, it’s essential to take immediate steps to protect yourself. The legal process can be complicated, and having an experienced criminal defense attorney by your side is crucial.

Importance of Hiring an Attorney

An experienced criminal defense lawyer can help guide you through the complex legal system. They will work to build a strong defense, whether that means challenging the evidence, negotiating a plea deal, or preparing for trial.

• How an Experienced Criminal Defense Lawyer Can Help: A lawyer will investigate the charges against you, gather evidence, and interview witnesses. They will also work to get you the best possible outcome, whether through a dismissal, reduction of charges, or a more lenient sentence.

Understanding Your Rights

It’s important to understand your rights when facing criminal charges. The Fifth Amendment gives you the right to remain silent, which can help prevent you from inadvertently incriminating yourself.

• Right to Remain Silent and Right to an Attorney: When arrested, you have the right to remain silent. Anything you say to law enforcement can be used against you in court. You also have the right to speak to an attorney before making any statements.

Preparing for Your Defense

Preparing for your defense is key to ensuring a fair trial. Working with your attorney, you’ll need to gather evidence, review police reports, and identify potential witnesses.

• Steps to Take Before Your Trial: Before your trial, make sure to:
  • Avoid discussing the case with others, including social media.
  • Keep all evidence organized, such as receipts, photos, or communication records.
  • Work closely with your attorney to understand the strengths and weaknesses of your case.