Legal Defenses for Robbery Charges

August 9, 2024 | By Shane Phelps
Legal Defenses for Robbery Charges

The moment those handcuffs click shut, your world changes. Suddenly, you face a robbery charge, and everyone has already decided you’re guilty. 

The weight of judgment from family, friends, and society crashes down on you. The fear of losing your freedom, job, and reputation is overwhelming.

We get it. We’ve seen the despair in our clients’ eyes and heard the tremor in their voices as they recount their stories. 

Maybe it was a desperate act in a moment of crisis. Perhaps you were in the wrong place at the wrong time. Or maybe there’s more to the story than what’s in the police report.

Whatever brought you here, know this: you are more than the charges against you. Your life isn’t over. You have rights, and you have options. 

In this article, we’ll break down the legal defenses that could make a real difference in your case—not just legal jargon but real strategies that have helped real people reclaim their lives and their futures.

This isn’t about making excuses. It’s about fighting for justice, understanding, and a second chance because everyone, including you, deserves that chance.

Here’s what you need to know about legal defenses for robbery charges from a Bryan robbery lawyer:

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What Is Robbery?

A revolver on a wooden surface beside $100 bills and bullets, symbolizing a robbery scenario.

Imagine you’re playing a game of legal Jenga. Robbery isn’t just one block - it’s a tower built of specific elements, each precariously balanced on the others. Pull one out, and the whole case can come tumbling down.

So, what are these blocks?

  • Taking of Property: This involves physically removing an item from the victim’s possession or control. 
  • From Another Person: The property must belong to someone else, not the accused. 
  • Against Their Will: The victim doesn’t consent to giving up their property. 
  • Use of Force or Fear: This is what separates robbery from theft. The perpetrator uses physical force or instills fear in the victim to obtain the property.

Robbery isn’t theft’s cousin - it’s its beefed-up, angry big brother. It’s the difference between sneaking a cookie from the jar and smashing the jar to get it.

The legal system doesn’t play with kid gloves regarding robbery. It’s felony territory, folks. That means bigger consequences, longer time-outs, and many more headaches.

Now, don’t go thinking robbery laws are a one-size-fits-all deal. They’re more like a jazz standard - the core is the same, but every state likes to throw in its own riffs.

Bottom line? Robbery charges are a high-stakes game. Just because the prosecution laid the blocks doesn’t mean they’ve built an unshakeable tower. 

An experienced criminal defense lawyer is the steady hand that knows which block to nudge.

While each case differs, several defense strategies are effective in robbery cases. 

Understanding these can help you and your attorney build a stronger defense:

  1. Mistaken Identity: Eyewitness accounts can be unreliable in the chaos of a robbery. Stress, poor lighting, or brief exposure can cause incorrect identifications. Your attorney may challenge witness credibility or present alibi evidence to prove you were elsewhere.
  2. Lack of Intent: Robbery requires intent to deprive someone of property permanently. If you believed the property was rightfully yours or if you were intoxicated to the point of being unable to form intent, this could be a viable defense.
  3. Duress or Coercion: Sometimes, good people are forced into bad situations. If someone threatened you or your loved ones, forcing you to participate in a robbery, this could be a strong defense.
  4. Consent: If the alleged victim permitted you to take the property, it’s not robbery. This defense often arises in disputes between acquaintances or business partners.
  5. Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. Your attorney may argue that the evidence simply doesn’t add up to robbery.
  6. Violation of Rights: If law enforcement violated your constitutional rights during the arrest or investigation, they may suppress crucial evidence, potentially weakening the case against you.
  7. Claim of Right: If you honestly believed you had a legal right to the property, even if that belief was mistaken, it could negate the intent required for a robbery conviction.

These defenses aren’t one-size-fits-all. Your defense attorney must carefully evaluate your case to design the most effective strategy.

The Real-World Impact of Robbery Charges

Robbery charges extend far beyond the courtroom, affecting nearly every aspect of a person’s life. Even before a verdict, the repercussions can be profound and long-lasting.

Employment becomes a significant hurdle. 

Many employers conduct background checks, and pending charges often appear, leading to lost job opportunities or termination from current positions. Legal fees and potential bail costs compound this financial strain.

The social impact is equally severe. 

Friends and family may distance themselves, and community standing can erode quickly. This isolation often occurs when support is most needed, exacerbating stress and anxiety.

Mental health frequently suffers. 

The uncertainty of the legal process, coupled with the fear of potential incarceration, can trigger depression, anxiety disorders, and post-traumatic stress. These issues may persist long after the case concludes.

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Collateral consequences affect various aspects of life. 

Robbery charges can alter child custody arrangements. Non-citizens could face deportation. Professional licenses may be suspended or revoked, derailing careers in fields like healthcare, law, or education.

Housing becomes another challenge. 

Landlords often reject applicants with criminal records, forcing individuals into less desirable living situations and leading to a cycle of instability that affects work and family life.

A favorable verdict is the only way to overcome these hurdles, and an experienced robbery attorney can help you obtain it.

Moving Through a Robbery Charge

Lawyer and client discuss the lawsuit, review facts, explore legal options, and plan their strategy together.

Robbery charges cast long shadows. They’re not just legal battles but life-altering events that ripple through every aspect of your existence. Yet, this moment doesn’t define you. It’s a chapter, not the whole story.

For all its flaws, the justice system is built on the principle that everyone deserves a fair shot at defending themselves. The defenses we’ve discussed aren’t loopholes or tricks - they’re vital safeguards ensuring that truth and context matter.

Moving forward, focus on what you can control. Seek support from those who stand by you. Take care of your mental health - it’s not a luxury but a necessity. Document everything because the smallest detail could tip the scales in your favor.

Most importantly, work closely with an experienced Bryan criminal defense attorney. They’re not just your legal representative but your navigator through this storm. Be honest, be proactive, and be patient with them.

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Shane Phelps Author Image

Shane Phelps

Lead Attorney

As founder of Shane Phelps Law, Bryan/College Station criminal defense attorney Shane Phelps has a reputation as a leading trial lawyer in the Central Texas area. With decades of experience as both a prosecutor and a criminal defense attorney, Shane has tried more than 300 jury trials, everything from DWI to Capital Murder.

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