Robbery is a serious felony with significant legal consequences. A conviction could result in a lengthy prison sentence and long-term impacts on your day-to-day life. If you are facing a robbery charge, it is imperative that you reach out to an attorney as soon as possible.
A Junction City robbery lawyer could examine the prosecutor’s evidence and advise about the best course of action. It might be possible to negotiate a plea to a lesser offense, or it could be worthwhile to force the prosecution to prove its case at trial. A knowledgeable theft attorney could assess the specifics of your case and ensure that your rights are protected.
What is Robbery Under Junction City Law?
Kansas Statutes Annotated §21-5420 defines robbery as taking something from someone else in their presence by force or threat of harm. The robber could direct the threat of bodily harm to the person being robbed or someone else. Mugging, pickpocketing, purse snatching, or taking from a person using intimidation or threat are all forms of robbery. If an alleged perpetrator is armed or causes bodily harm when attempting to take something, this crime is known as aggravated robbery. An experienced lawyer could provide more information about these different types of robbery charges.
Robbery Convictions Carry Significant Penalties
State law classifies felonies according to whether or not they involve harm to a person. Robbery is considered a person felony, even if no one was injured in the incident. The state ranks the seriousness of felonies on a scale of 1-10, with level 1 being the most severe and level 10 the least severe. Robbery is considered a level 5 felony and aggravated robbery is a level 3 felony.
The penalty upon conviction of robbery is 31 months imprisonment if the offender has no prior criminal record. However, the judge has some discretion about whether to order incarceration if it is a first offense. A skilled attorney could work to negotiate a lesser penalty for a robbery charge given the circumstances of a case.
If an individual convicted of robbery has multiple prior person felony convictions, the sentence could be up to 136 months in prison. Upon conviction of aggravated robbery, a person with a clean criminal record faces a minimum of 55 months in prison. The maximum term of incarceration for someone with an extensive criminal history is 247 months—more than 20 years.
Prosecutor Must Prove Every Element
A seasoned Junction City attorney could help an individual charged with robbery by checking to ensure that police followed correct procedures and did not violate the suspect’s constitutional rights. Prosecutors cannot use evidence that is tainted because of procedural violations and might dismiss the charges if the defense could show that law enforcement violated the suspect’s rights.
A conviction for robbery requires proof that the person charged was present at the scene when the alleged crime occurred. The defense could present evidence of erroneous identification, alibi, or other information that casts doubt on the police work identifying the suspect.
The prosecutor also must prove that the alleged robber intended to take something by force or threat. Whether a statement or action is threatening could be a matter of interpretation. A defense lawyer could highlight any ambiguity in the defendant’s words or actions that might cause a jury to question whether a threat existed.
Discuss Your Case with a Junction City Robbery Attorney
A robbery conviction comes with harsh consequences. Even after someone has served their sentence and extinguished their debt to society, a conviction could prevent them from working in certain jobs or exclude them from some housing opportunities.
A dedicated Junction City robbery lawyer could help you through this time, working diligently to defend you in court. If you are facing robbery charges, do not delay in reaching out to a legal professional. Our team could consult with you about your case and determine the best path forward for you.