Proof of armed robbery by the prosecution

23 March 2017
 Categories: Law, Blog

Share

Armed robbery is classified as violent crime which has serious repercussions. If you are facing armed robbery charges, the best thing to do is to consult with an experienced criminal law attorney who can put up a defense against the charges and get you a lighter sentence or even a dismissal. This article looks at what armed robbery is and what proof does the prosecution need to present to the criminal court to prove beyond doubt that you committed the offense. 

What is an armed robbery? 

This is an offense whereby an individual steals from another individual, company, or other organization through the means of violence or intimidation while being in possession of a dangerous weapon like a firearm or a knife. Armed robbery is also referred to as aggravated robbery in some circles. 

Proof of armed robbery

Similar to any other crime, the defendant is innocent of armed robbery until proven guilty. The prosecution must provide enough admissible proof that you perpetrated an armed robbery before you can be found guilty of the said offense. 

Here are 4 areas needed to prove that you're guilty.

1. First, the prosecution must prove that the defendant stole something from another individual without the consent of the person. The claimant doesn't necessarily need to own what was stolen, but it ought to be in the claimant's possession at the time of the robbery. If the defendant forcefully took something from the claimant, then this is legally regarded as robbery.

2. The second proof is that the defendant used a lethal weapon while stealing from the claimant or petitioner. By definition, armed robbery means the accused took something from someone by means of force while wielding a lethal weapon. In the event that no weapon is used, the offense is classified as a simple robbery. 

3. The third element of proof is that you planned to keep whatever you stole from your victim permanently. In other words, you assumed permanent ownership of the stolen property. 

4. Last but not least, you meted out violence in the form of physical attack or intimidation while robbing the claimant. 

With all these 4 elements of proof presented to the court, you are likely to be punished accordingly. The truth is that armed robbery charges attract stiffer penalties. You may end up facing several years behind bars. 

In summary, while each armed robbery case is different, the accused should always seek legal assistance from an experienced criminal law attorney. The attorney can be able to punch holes in the evidence presented by the prosecution and earn you a reduced sentence or even a complete dismissal.