In the U.S., armed robbery rates decreased by 13.6% during the first half of 2024 compared to the same period in 2023, according to the Federal Bureau of Investigation (FBI). Armed robbery is a serious crime that involves the use of a weapon to take property from another person by force or threat.
Given the severity of the penalties, defendants must understand the various legal defenses that can be used to challenge armed robbery charges. Robbery is not committed unless the property taken is either on the victim or in his or her immediate area.
Armed robbery lawyer James E. Silverstein explains that a valid armed robbery claim requires the victim to have reasonably believed they were being threatened with a weapon or the use of one.
This article will explore the various legal defenses available to those accused of armed robbery and the rights and protections victims have in defending their well-being.
Contents
Legal Defenses in Armed Robbery Cases
One common defense for an armed robbery charge is to challenge the identification procedure. If the witness incorrectly identifies the accused, it can significantly impact the case. Another defense is to establish that there was a lack of intent. The defendant can claim that they did not intend to commit robbery.
Arguing that the accuser misidentified you or had ulterior motives is another possible defense. Self-defense may apply to your case if you were keeping yourself or anyone else safe.
Showing that law enforcement deviated from standard protocols when obtaining evidence or making an arrest can weaken the prosecution’s case and allow you to challenge the admissibility of the evidence.
The circumstances of each case vary, and investing in a skilled attorney can impact the result of your case.
Mitigating Factors That Can Reduce Charges
There are several mitigating factors that can work in your favor when dealing with charges of armed robbery.
For instance, playing a lesser role or being compelled against your will to participate in a robbery would help strengthen your argument and defense. Demonstrating a clean criminal history shows the court that you have a positive character and are less likely to commit another crime.
Accepting full responsibility and expressing regret may sway the court’s decision in your favor. Other mitigating factors to take into account include your age, your mental state at the time of the crime, or even evidence that you were under duress.
Knowing these factors allows you to use them when appropriate to reduce your sentence or lower the charges against you.
Personal Safety Strategies to Avoid Armed Robbery
Making yourself aware of armed robbery and its implications would motivate you to take appropriate steps to secure your safety.
Be aware of your surroundings, especially unfamiliar ones. Keep your phone nearby, but don’t lose sight of your surroundings. Make sure your daily route is well-lit, avoid isolated shortcuts, and walk with a friend or in a group.
Get personal safety devices like pepper sprays or personal alarms. Enroll in a self-defense class to learn how to effectively defend yourself. Trust your instinct. Avoid walking through an area if you have a bad feeling about it.
Secure your possessions. Do not display your valuables recklessly, especially when around strangers. These precautions will significantly decrease your risk of becoming an armed robbery victim.
Psychological Impact and Coping Mechanisms for Victims
Armed robbery can cause deep psychological scars that compromise the mental health of victims. You may experience anxiety, fear, or even PTSD, making daily life difficult.
Victims should acknowledge their emotions and recognize that they are legitimate responses to trauma. Speaking to trusted friends or a professional therapist can help victims cope with the situation. Practicing mindfulness techniques, such as meditating or deep breathing, can help victims manage stress and regain a sense of control.
Exercise is another activity that can have positive side effects for victims of armed robbery. Exercise can elevate one’s mood and alleviate stress. Having an exercise routine provides you with a sense of stability. You can also try reaching out to support groups, which can lessen feelings of isolation.
Understanding the Legal Consequences of Armed Robbery
Victims of armed robberies frequently struggle to deal with intense emotional stress and overwhelming legal procedures.
For major robbery offenses, offenders face longer jail sentences, higher fines, and criminal records that may affect future job applications.
If you are an armed robbery victim, you are entitled to take legal action that can help recover your losses. Providing assistance to police prosecution may allow you to obtain justice for yourself and other victims of the crime.
