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    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

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    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

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Defenses for Robbery Charges

Posted in Burglary,Criminal Defense,Robbery on October 18, 2019

Beating robbery charges can seem daunting, but an experienced criminal defense attorney will understand every method to take in order to secure a successful conclusion for the client. Each case is different, and your attorney will look at the totality of the case when forming a defense strategy. Some of the following are ways that a Riverside robbery attorney may work to help you through this.

Defenses for Robbery Charges

Your robbery defense attorney will gather all evidence being used against you by the prosecution. They will also conduct their own investigation to produce any evidence that undermines the prosecution’s case against you.

  • Obtaining Surveillance video supporting your alibi.
  • Using witnesses who support your alibi.
  • Using intoxication is an affirmative defense: An affirmative defense is one in which one of the elements of a robbery cannot be proven. If the person accused of robbery was intoxicated involuntarily (whether against their will or without their knowledge), they have a valid defense. If the person accused of robbery was voluntarily intoxicated, their attorney could work to arrange for a plea deal on a lesser charge if they did not have the intent to commit robbery.
  • Lack of evidence: In any criminal case, the burden of proof is on the state (the prosecutors). They must provide compelling evidence that a person actually committed robbery. Just because someone is charged with a crime does not mean that the prosecution has evidence strong enough to support a conviction.
  • Coerced guilty plea: If a person is forced by threats of death or serious injury to commit a robbery, they are under duress. This can be used as a complete defense. Proving this could be difficult because it must be shown that the defendant did not have any opportunity to avoid committing the crime in question.
  • True owner defense: It could be shown that the person accused of committing the robbery believed they were the true owner of the property in question.

Can Robbery Charges be Dropped?

The ultimate path to success for someone accused of robbery is one that leads to the charges being completely dropped. In fact, many people who are accused of crimes involving robbery do see their charges dropped before they reach trial. However, that does not mean this will happen easily. Prosecutors are not going to do this for no reason. A qualified and experienced Riverside robbery attorney will work diligently to best serve their client and look for grounds for dismissal based on the following:

  • A lack of evidence in the case: Again, the burden of proof is on the prosecutor. If they cannot prove beyond a reasonable doubt that you committed the crime, charges should be dropped.
  • Witnesses are a no-show: Many robbery cases rely on the testimony of eyewitnesses to the crime. If a key witness is unable to testify, this could result in the prosecution not having enough evidence to prosecute the case.
  • There was not enough probable cause: Officers should only make arrests if they have enough evidence to believe the person committed the robbery in question. Anyone detained on a police officer’s guesswork or hunches should see the charges against them dropped.
  • Illegal stop and search: There should have been enough probable cause for a stop and search to take place. If a person is arrested because an officer pulled them over and searched them for no reason, this is grounds for dismissal of all charges that resulted from the illegal search or seizure.

In many cases, charges are reduced to offenses with less severe penalties. Even if charges cannot be dismissed completely, your attorney can still work to get the charges reduced based on the same issues discussed above. Always let a skilled Riverside robbery attorney examine the facts of your case as soon as possible after an arrest.