Four Minneapolis Robbery Defense Attorneys, One Powerful Law Firm
How Can Our Robbery Defense Attorneys in Minneapolis Help You?
Second Degree Aggravated Robbery
First Degree Aggravated Robbery
Common Robbery Defenses
In many courts, robbery is one of the most serious felony cases. Many judges and prosecutors believe these offenders pose a significant threat to public safety. Additionally, these infractions have a readily identifiable victim. So, these convictions have significant direct and collateral consequences.
At Gerald Miller P.A., we help people like you avoid these serious consequences. We thoroughly review your case and prepare your defense. That includes both substantive and procedural defenses. Because of our preparation, we are normality able to successfully resolve robbery cases. That successful resolution could be a complete dismissal of charges, placement in a pretrial diversion program, a plea to a lesser include offense, or a not-guilty verdict at trial.
Simple Robbery Defense
There is nothing “simple” about simple robbery. A conviction could mean up to ten years in prison. So, there is a lot at stake. Our Minneapolis Robbery Defense Lawyers routinely deal with cases involving robbery.
In Minnesota, simple robbery is basically theft plus force or the threat of force. Theft is taking property without the owner’s consent, generally with the intent to deprive the owner of the full use and enjoyment of that property. Force or the threat of force could be almost anything. A push or shove, or the threat of a push or shove, is usually sufficient. Personal injury is not a requirement.
Force is active and not passive, at least in this context. Blocking someone’s path during a theft usually does not constitute robbery. Blocking someone’s path coupled with the threat of active force is a different matter.
Second Degree Aggravated Robbery Defense
As knowledgeable Minneapolis Robbery Defense Lawyers, we know that This infraction is punishable by up to fifteen years in prison and/or a $30,000 fine. Probation might be available for a first offense. Second degree aggravated robbery involves the threat of a dangerous weapon. Minnesota law defines “dangerous weapons” very broadly. Almost any common object, including a coffee mug or pair of scissors, could be a dangerous weapon. The threat could be verbal (“I’ve got a knife”) or physical (using one’s fingers to imitate a gun). Once again, physical injury is not an element of this offense.
First Degree Aggravated Robbery Defense
The most serious robbery charge in Hennepin County is punishable by up to twenty years in prison and/or a $35,000 fine. Depending on your specific case facts, a skilled Minneapolis Robbery Defense Lawyer can help minimize these severe penalties.
The state normally presses first degree aggravated robbery charges if the defendant used or exhibited a dangerous weapon or any other object. This definition is even broader than the one used in second degree infractions. A realistic-looking BB gun, even one without shells, could be a dangerous weapon in this context.
First degree robbery is the only robbery charge with an injury requirement. But the threshold is very small. Prosecutors must only show bodily harm. Any injury requiring any first aid or TLC, or one that causes any impairment whatsoever, is usually bodily harm.
Common Robbery Defenses
You may think that you do not need a Minneapolis Robbery Defense Lawyer to deal with common robbery charges, but that’s not true. Robbery infractions are usually investigatory crimes. Frequently, the alleged victim gives law enforcement a statement, and officers then track down and arrest the defendant. As a result, these infractions often feature procedural and/or substantive defenses.
Failure to Mirandize the defendant is one of the most common procedural defenses. Police officers must advise defendants of their Miranda rights (you have the right to remain silent, etc.) before they begin custodial interrogation. In Minnesota, custodial interrogation often begins before suspects reach the stationhouse.
On a related note, the right to remain silent is much border than many people believe. The Fifth Amendment allows suspects to not only refuse to talk, but also refuse to pose for pictures, appear in lineups, or perform tests.
Substantive defenses usually involve a lack of evidence. That evidence could be the physical property that was allegedly taken or a lack of testimony concerning ownership or lack of consent.
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