What You Need to Know About Beating an Aggravated Robbery Charge
Beating an aggravated robbery charge is complicated but possible. Here’s how to beat an aggravated robbery charge.
Aggravated robbery is a term describing specific circumstances of theft where the individual accused of robbery was armed with some sort of weapon or harmful object. Aggravated robbery occurs if an individual obtains the property of another person through threatening or using physical force while carrying a weapon.
Classifying Aggravated Robbery Charges
The severity of an aggravated robbery charge will vary by state and the specific circumstances of the offense, but its violent nature earns the classification of a felony. To beat an aggravated robbery charge, the accused should demonstrate the weapon’s function as unrelated to the robbery and maintain no harm done to the victims.
Legal discourse for aggravated robbery varies depending on the state where it occurs. Hence, defining rhetoric can differ along with contextual contingencies, and individuals charged with aggravated robbery should research the specifications of “aggravated” in their own states. However, aggravated robbery charges have fundamental similarities an individual should challenge to beat a charge.
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Theft refers to the act of stealing the property of another person, but sneaking a candy bar out of a store, for example, is dramatically different from robbing a store by threatening the cashier with a gun. States legally consider forceful theft achieved through using a weapon or threatening its use an act of violence. Prosecutors of aggravated crimes almost always try for prison sentences. If a state charges an individual with aggravated robbery, the person should understand its classification to defend themselves.
What’s the difference between a robbery and an aggravated robbery?
The severity of a theft crime increases when the state classifies the crime as “aggravated.” Individuals who commit aggravated robbery use tactics of aggravation to achieve the theft, such as using or threatening the use of a weapon, inflicting injury on the victim, or performing the act in circumstances where it can affect external damages. For example, the state can deem flagrantly committing a robbery in front of a child aggravated due to the severity of its circumstances. The state can also charge a person with aggravated robbery if they restrict the physical autonomy of the victim without directly inflicting harm. For example, in Illinois as well as other states, inducing the injection, ingestion, or inhalation of a controlled substance in a victim of theft without consent will earn the classification of aggravated robbery.
Related: Receiving Stolen Property in California: Penalties & Defenses
Armed robbery is tricky and revisits the issue of state laws. In certain states with concealed carry laws, an individual who commits a robbery while carrying a weapon on his or her body, but does not use or threaten to use the weapon, the state will likely not charge the individual with an aggravated offense. Additionally, aggravated robbery does not always refer to firearms. Weapons posing a dangerous threat in cases of armed robbery can include items with harmless primary functions, such as a car or a pair of scissors.
FAQs About How to Beat an Aggravated Robbery Charge
What factors influence aggravated robbery sentences?
Several factors influence the punitive measures for aggravated robbery. Unfortunately, the violent nature of the act classifies it as a felony and felonies are subject to the harshest punishments. To beat an aggravated robbery charge, a person should argue important factors to lessen the offense. A major factor for aggravated robbery is the harm done to victims. The defendant should challenge the prosecution’s explanation of the weapon’s involvement in the robbery. If victims are unharmed, an accused individual has a much better chance of beating the charge.
What can I do to help beat my aggravated robbery charge?
Accused individuals should demonstrate coerced complicity if possible. Additionally, having no criminal background is very important for beating an aggravated robbery charge. Expressing remorse and offering restitution can help an accused individual overcome or lessen the severity of the charge. Personal circumstances can also serve as a persuasive argument. If the individual committed an aggravated robbery while enduring extraneous circumstances such as those caused by stress, physical ailments, intoxication, or grief, the influence may be taken into account. Judges are more likely to lessen a sentence if the accused expresses genuine remorse and can sufficiently explain the motivation for the offense and justify it as an exception.
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