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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| ROBBERY - ARMED |
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What is Robbery-Armed? |
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Armed robbery is using, or threatening to use, a dangerous weapon to steal something from another person. |
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Examples:
Pointing a gun at someone to steal their money. Pretending to have a gun, approaching a store clerk, and demanding money. |
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Penalties:
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What Defenses Are There? |
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No dangerous weapon: |
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A dangerous weapon was not used, or the alleged perpetrator did not imply that he had a dangerous weapon. It is not enough that the victim thinks there is a dangerous weapon. |
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Consent: |
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The actual owner of the property agreed to let the alleged perpetrator have it or use it. |
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Lack of intend: |
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The alleged perpetrator did not intent to permanently keep the property, but just to use it for a short period of time. |
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Claim of right: |
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The alleged perpetrator actually owned the property or the actual owner of the property intended to give it to the alleged perpetrator. |
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Jury Instruction |
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The defendant is charged with the crime of armed robbery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
First, the defendant [used force or violence against / assaulted / put in fear] [state complainant’s name]. Second, the defendant did so while he was in the course of committing a larceny. A “larceny” is the taking and movement of someone else’s property or money with the intent to take it away from that person permanently. “In the course of committing a larceny” includes acts that occur in an attempt to commit the larceny, or during the commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the property or money.
Third, [state complainant’s name] was present while defendant was in the course of committing the larceny. Fourth, that while in the course of committing the larceny, the defendant: [Choose one or more of the following as warranted by the charge and proofs:]
possessed a weapon designed to be dangerous and capable of causing death or serious injury; [or] -
possessed any other object capable of causing death or serious injury that the defendant used as a weapon; [or]
possessed any [other] object used or fashioned in a manner to lead the person who was present to reasonably believe that it was a dangerous weapon; [or] -
represented orally or otherwise that [he / she] was in possession of a weapon.
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Why Should You Hire the Ambrose Law Group? |
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Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
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Related Topics
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