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How to Get a Robbery Charged Dismissed in Minnesota

Facing arrest and conviction for a robbery charge in Minnesota is worrying. This offense carries some of the steepest penalties available under Minnesota law. Due to the lasting consequences that come with a conviction, it is understandable for you to explore your options for beating the robbery charges against you.

One of the best possible outcomes in these cases is a dismissal of the charges against you. A dismissal can be difficult to secure, but a strong defense strategy could push the prosecutor or judge to dismiss the charges against you.

Dismissal might be a possibility in your case. While no attorney can promise that the court will dismiss the charges against you, having strong legal counsel by your side could improve your chances of a favorable outcome. Reach out to the robbery attorneys of Gerald Miller right away to start building your defense.

The State has the Power to Dismiss a Robbery Charge

Before you can get your robbery case dismissed, it is helpful to understand how dismissals are granted. The right to dismiss your case prior to trial largely rests with the prosecution. Even though you were arrested by law enforcement, the police have no power to dismiss your case once charges have been filed.

The power to dismiss a robbery charge in Minnesota primarily lies with the prosecutor. The prosecutor may have the power to dismiss your case, but they likely do not have the motivation. Few prosecutors will simply dismiss a charge when the evidence of guilt is strong. In order to get the state to dismiss your charge, your robbery attorney must show them that their case is so weak that a conviction is unlikely. Building a strong defense strategy is the best way to secure a dismissal.

You might be able to have your case dismissed even if the prosecutor ultimately refuses to do so. This is because the judge overseeing your case also has the power to dismiss your charges. In order to get the court to dismiss your case, you likely need to file a motion to that effect. A judge will only grant a dismissal if your attorney can establish that there are legal grounds that should prevent the state from proceeding in your case.

Defense Strategies That Could Lead to Dismissal in Minnesota

In order for your case to be dismissed, you will need to build a strong defense. This defense might prove to the prosecution that the evidence against you will not lead to a conviction. Alternatively, your case could be dismissed if your attorney can show that an error by the state requires immediate dismissal with prejudice.

Mistaken Identity

The police are human, which means they are not immune to making mistakes. One common defense in these cases is to allege that the police arrested the wrong person. Robberies often occur quickly, and identifying the perpetrator is not always easy. A mistake by the reporting witness could result in the arrest of the wrong person.

Lack of Intent

Robbery is a crime of intent. The state must show that you intended to deprive another person of their property. If that is not the case, it could serve as a basis for your defense. For example, if your arrest stemmed from a misunderstanding where you believed you had permission to take the property in question, you could have a viable defense.

Speedy Trial Violations

The state has an obligation to bring your case to trial without unnecessary delay. While the judge can allow for some delays, you could have a valid defense if these delays are unreasonable in your case.

Illegal Search

The police are limited in their ability to search your home, car, or person. Generally, they can only do so with your permission or a written warrant from a judge. There are some exceptions where a search could be lawful outside of these circumstances. Any evidence discovered during an illegal search could be barred from your trial.

Understanding Robbery Charges

Not all robbery charges are created the same under state law. For that reason, some robbery cases could be more difficult to have dismissed than others. Understanding the nature of Minnesota robbery laws could be helpful as you seek dismissal of the charges against you.

In total, there are two types of robbery charges under state law: simple robbery and aggravated robbery. As the names suggest, the penalties for aggravated robbery are much higher than simple robbery. The attorneys of Gerald Miller could help develop a defense strategy for either offense. Because of the greater stakes, having an aggravated robbery charge could be more challenging than a simple robbery case.

Simple Robbery

The offense of simple robbery is governed by Minnesota Statute Section 609.24. According to the statute, simple robbery involves a person knowingly taking:

personal property from the person or in the presence of another and uses or threatens the imminent use of force against any person to overcome the person’s resistance or powers of resistance to, or to compel acquiescence in, the taking or carrying away of the property.

This offense differs from traditional theft cases, as it involves taking property from another person while in their presence.

Aggravated Robbery

The crime of aggravated robbery is governed by Minnesota Statute Section 609.245. There are two different degrees of aggravated robbery, and the penalties associated with each differ. First-degree aggravated robbery is a more serious criminal charge compared to second degree aggravated robbery.

First-degree aggravated robbery occurs when a person commits simple robbery with a dangerous weapon. This could also include any object that a person could reasonably believe is a dangerous weapon. Alternatively, this charge is appropriate when a person causes bodily harm during the commission of a robbery.

Second-degree aggravated robbery—while not as a first-degree offense—is still a serious felony charge that carries steep consequences. A person commits second-degree aggravated robbery when during the course of the offense they imply or suggest they are carrying a dangerous weapon.

Other Options Other than Dismissal in Minnesota

For many people, the best possible outcome in a robbery case is the dismissal of the charges against them. However, dismissal will not always be an option. There are other favorable outcomes, however, and an attorney could help you bring your case to an acceptable conclusion in other ways.

Even if the prosecutor or judge will not dismiss the charges against you, there is one other option available that could leave you without a criminal conviction on your record. You have the right to take your robbery case to trial before a jury of your peers. If the jury determines there is not enough evidence to convict you beyond a reasonable doubt, they could acquit you on your robbery charges. An acquittal means you walk away from this process without a conviction and do not face the consequences that come with a guilty verdict.

Of course, there are risks associated with trial. You might also be found guilty, which could result in penalties that are entirely up to the judge in your case. A judge could sentence you to a term in prison that is substantially longer than what the state offered you in a plea bargain. Your attorney could help you weigh this risk and determine your best course of action.

Plea bargains might also be your best-case scenario. Even if the evidence against you is strong, your attorney might be able to negotiate a plea that reduces the severity of your penalties. You might also get the state to agree to dismiss some of the minor charges against you in exchange for pleading guilty to the robbery charge. The end result could be dramatically reducing the consequences you face.

Talk to Attorney Gerald Miller About Your Robbery Case in Minnesota

You are entitled to an attorney when facing robbery charges in Minnesota. The choice you make when it comes to legal counsel could greatly impact the outcome of your case. You deserve legal counsel that understands how to face a robbery charge head-on and win.

The attorneys of Gerald Miller understand what goes into a successful dismissal of a robbery charge in Minnesota. Let our team evaluate the facts of your case and advise you on your best path forward. Contact us as soon as possible for a free consultation.

Related Content: What Happens if Someone Presses Theft Charges Against You?

About the author

Gerald Miller

Gerald Miller is a top-notch and experienced DWI/DUI lawyer at Gerald Miller P.A. in Minneapolis, MN. He has more than 35 years of experience in Criminal Defense practice. He has also been a mentor to numerous DUI/DWI defense attorneys.

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