Robbery and Theft: Consequences & Defenses

Robbery Overview
Robbery is the act of depriving someone of their personal property while in their presence through the use of force or fear. The property can either be taken from the person or from their immediate surroundings. If a deadly weapon such as a gun is used or the victim suffers physical harm, the act can be classified as "armed" or "aggravated" and the severity of the punishment can be increased. The actual elements of theft include trespassing, taking, carrying away, the fact that it is someone else's property, the intent to steal, the presence of the person who owns the property, and intimidation. Unless all seven of these elements are present, theft as defined by the law, does not occur.
Consequences Of Robbery
The various punishments ascribed to theft can depend on the type and the value of the stolen property, but can include:
imprisonment
probation
restitution (a penalty imposed which restores the worth of the property to the owner)
fines
court approved counseling
other
Chances That Any Of The Above Consequences Will Occur
The likelihood that any of these consequences will be applied and the degree to which they are proscribed generally depends on what was stolen and its market value. Known either as petty theft or grand theft, the difference can mean a greater or lesser punishment. Examples of grand theft include, but are not limited to, stolen property that exceeds $400 in value or whenever a firearm is taken. The theft of items which have less monetary value, usually under $400, can be classified as petty theft. Grand theft is generally punishable by imprisonment in state prison. Petty theft is generally punishable by imprisonment in county jail.
Such punishments are the general rule and can increase or decrease based on additional factors. For example, a person's past criminal record can increase the likelihood that a more severe punishment will be proscribed. Additional factors can include, but are not limited to, the attitude of the community and the court toward the type of crime, the degree of media attention to the case, and other mitigating or aggravating circumstances.
Possible Defenses For Robbery or Theft Charges
There are various defenses that can potentially be used in cases of theft and they include factual innocence, a lack of evidence linking the accused to the crime, or the issue of true owner, in which the accused argues he is the lawful owner of the property. The issue of true owner largely relies on whether the alleged theft occurred under felonious circumstances. That is, if the defendant was under the good faith belief that he was the actual owner of the property, then it is possible for him to be not guilty of robbery. In addition, there are many other defenses that can be used in particularly unique cases.
Helping Your Theft Case
There are a number of steps a person can take as soon as they are charged with a crime of theft or robbery. The first is to stringently exercise the right to remain silent. Keeping silent enables the accused to learn exactly what is going on, calmly analyze the facts and make sure they do not weaken their case in any way. In all criminal cases, retaining qualified counsel as soon as possible should be a priority. No matter how minor the charge, any person charged with a criminal offense can benefit from a competent criminal defense attorney. Even if the lawyer consulted does not ultimately argue the case on that person's behalf, a consultation can help the accused figure out the nature of the charges filed, what options they have and what could happen in the event of a conviction. Additional steps to help your case include gathering documents which point to your good character and keeping a list of significant events and potential witnesses. It is also important to note that under no circumstances should a person investigate their own case.