Armed robbery involves using a weapon in order to commit a robbery. It is typically considered to be more serious that a robbery committed without the presence of a weapon. At The Cochran Firm Criminal Defense, we believe in our clients and will fight hard to prove their innocence regardless of the crime they have been charged with.
Elements of an Armed Robbery Case
In most cases of armed robbery, a good part of the prosecutor’s case relies on whether or not the alleged victim or witness can identify the accused beyond any doubt. The key evidence in these types of cases often requires the alleged victim or witness to pick out the accused person from a photo array or a physical lineup. If the identification of the accused was authentic and not tainted in any way, then the prosecutor can file charges against the accused and proceed with prosecution.
Other factors that determine whether or not the prosecution has a case involve the preserved rights of the defendant and that this defendant received due process. If any portion of the identification process can be suppressed, or the rights of the accused were violated in any way, the evidence may be thrown out and the prosecutor will have no case to proceed with.
Armed or Unarmed?
Skillful and experienced lawyers such as those of The Cochran Firm Criminal Defense team often seek to suppress evidence that any weapon was involved in the alleged crime. Certain procedures must be followed precisely by police officials when a weapon search is conducted.
If the procedures were not strictly adhered to, a motion to suppress evidence of a weapon may be successful. This can force the charges to be reduced from armed to unarmed robbery or larceny. Or, depending on the circumstances, the charges may be dismissed completely.
Types of Armed Robbery Cases
There are three general types of armed robbery cases. The categories they fall into include:
- Stranger hold-up cases: The victim is held at visible or implied gun or knife point.
- Bank or store robberies: The offender enters the building and demands money or other property under the threat or display of a weapon.
- Home robbery: The offender forces their way into an occupied home, apartment or hotel room in order to commit a robbery or other crime.
Depending on the jurisdiction in which the armed robbery took place, other charges may be brought against the accused, depending on the circumstances of the case. These charges may include armed home burglary or armed home invasion.