When you are charged with robbery, you may have questions about your potential punishment for the offense. Since there are several degrees of robbery, there is no one-size-fits-all answer to that question. Robbery may not be a violent crime, but it is not a theft crime, either. It involves taking property with an actual or implied threat of force against the other. As a result, even if the robbery does not involve any actual violence or even any direct threats of violence, it is a crime against a person. Because this charge can be complex, you should seek assistance from a hard-working criminal defense attorney.
Robbery convictions can impact your ability to get a job, where you can live, and even whether you can volunteer with specific organizations. A Metairie robbery lawyer could help you understand your charges and choose an effective defense strategy based on the facts and circumstances of your case.
Robbery Laws
Louisiana Revised Statutes § 14:64 et seq. cover robbery. The violations include:
- Armed robbery
- First-degree robbery
- Carjacking
- Armed robbery using a firearm
- Second-degree robbery
- Simple robbery
- Purse snatching
- Extortion
Robbery always involves the use of force, intimidation, or threats. However, it does not have to be substantial force. For example, purse snatching—the taking of a handbag or wallet directly from the person holding it—is a form of robbery. It involves force to take the purse or wallet from the victim.
Simple robbery is similar to purse snatching. It involves taking something of value from the victim but does not require a dangerous weapon. Many people think of simple robbery as mugging as long as it does not involve a weapon. Armed robbery involves using a dangerous weapon to take something of value from someone.
Two related offenses are similar to robbery: bank robbery and carjacking. Carjacking involves taking a vehicle with force, intimidation, or the threat of violence. A lawyer in Metairie could argue a case does not fulfill the requirements for a robbery charge.
Punishment for Robbery
The state treats robbery as a severe offense. The potential sentence is 10 to 99 years imprisonment at hard labor without parole. Depending on the degree of the crime and the facts of the case, a person could get a life sentence for an act of robbery.
Elements of a Robbery Case
The state has to prove several elements to get a conviction for robbery. First, a defendant has to intend to take property from the person. Robbery cannot be unintentional or accidental. The victim does not want the defendant to take the property. The property has to be of value, though the value does not have to be monetary. Taking the property deprived the owner of the use of that property.
The most crucial element of robbery is the use of a threat, violence, or intimidation to take the property. Without that element, the crime is theft, not robbery, even if a defendant intended to take the property, the property had value, and the defendant deprived the victim of the property. Since the penalties for theft are much lower than the penalties for robbery, this element is an essential distinction for a robbery defense attorney in Metairie to consider.
Consult With a Metairie Robbery Attorney
Getting charged with robbery can be overwhelming. The potential punishments are severe and can include up to 99 years of hard labor. Even if you do not get a harsh sentence, a robbery conviction impacts more than just the criminal law. It can influence other civil cases, impact your ability to get a job, and more. Robbery is a crime of moral turpitude, which means people can use those convictions against you when assessing your trustworthiness.
Fortunately, there are several potential defenses, including misidentification, false accusations, and more. To find out what defenses may be available for you, schedule a consultation with a Metairie robbery lawyer.
