Maryland Armed Robbery Defense
When building a Maryland armed robbery defense an experienced theft attorney could obtain relevant evidence the prosecutor has in order to complete an independent investigation. They may do so by speaking to witnesses, gathering evidence, and possibly viewing any surveillance footage or video.
Who is Typically Investigated by the Defense of an Armed Robbery Case?
Armed robbery is typically a charge that has alleged victim, so there has to be a careful analysis, or investigation, into the accuser themselves. This part of a Maryland armed robbery defense includes learning about their background to determine whether they are a credible witness. Checking their medical records could establish whether or not they were injured from the alleged incident.
The prosecutor will not provide the background of the victim or any other witnesses. That is where an attorney must put a lot of effort to obtain evidence. Frequently, there could be things that undermine the credibility of the victim or eyewitnesses, or otherwise, e provide informative evidence towards how to proceed in the trial or case.
Differentiating Armed Robbery and Robbery
The potential for an armed robbery offense adds additional five years’ potential incarceration. Even if an individual has a tool does not make that a weapon, yet if someone has a gun or a knife, those are de facto weapons. This means that just the presence of them would create additional fear in the victim such that the element of force is there for the armed robbery and the weapon.
If, however, it is something that can be argued as a weapon or not – such as a lamp it depends on the nature or the circumstance of the issue. Sometimes, an object such as a Wiffle ball bat would never be considered a dangerous or deadly weapon because it has no risk of really creating serious bodily injury. Depending on the nature of the incident, what was utilized, what was displayed, that may lead to a robbery converting to or being upgraded to an armed robbery.
Likelihood of Negotiations for a Maryland Armed Robbery Defense
Many things are possible in plea negotiations and resolutions. The key is generally whether the prosecutor is willing to recommend or agree with a judge a lower sentence. A defendant would prefer an armed robbery charge where they face three years’ incarceration than a robbery charge they face five years’ incarceration. They are both felonies and considered crimes of violence.
Hiring a Robbery Attorney
Only an attorney has relationships with judges and prosecutors, and know the temperaments, dispositions, and tendencies of those judges and prosecutors. If there comes a time when it seems that the evidence is overwhelming, or very strong and the risk of trial increases, and offers are presented that would substantially reduce the exposure to criminal sanction and even incarceration by taking a plea deal, that might be the proper time to explore that option.