How Can Armed Robbery Charges Be Dropped

By Jack Larson posted 01-02-2021 01:12

  

Armed robbery charges are serious crimes that fall under the penal code, and if you are found guilty, you can face some years behind bars. It is the use of force to takes someone's possession against his will.  

An armed robbery case is susceptible and requires rock-solid evidence before a suspect is declared guilty. Here are some reasons that can lead to the dropping of an armed robbery case;

Lack of intent

An armed robbery case is a theft crime. The prosecutor must prove that the suspect in question robbed the victim of his property using extreme force. The facts are very crucial in the success of armed robbery cases. 

According to Vik Monder, a leading criminal defense attorney in San Diego, the lawyer has to weigh the evidence and all the facts in it for the suspect to be prosecuted. In most cases, armed robbery crimes must be accompanied by dangerous weaponry like a knife or gun. The weaponry must be lethal enough to endanger the victim's life. Such cases can be dropped if the lawyer is dissatisfied with the evidence tabled by the prosecutors. 

Intoxication

If the accused person was under the influence of drugs at the time of the claimed robbery incident, the charges could be reduced to robbery. The basic principle in law is that the victim can be of sound mind at the time of the incident. If the defense lawyers claim that the client was intoxicated, the claim must be proofed. 

The blood samples are taken to the hospital for alcohol levels examination. The results are very accurate, and the suspect stands no chance of cheating. If this claim is valid, the armed robbery charges are dropped to lower crimes. 

Lack of force

Armed robbery cases are evidence specific. If the accused person used force to steal the victim's property, that is not armed robbery. The prosecutors must prove to the courts that the victim suffered trauma and even show some injuries that the victim acquired as a result of the armed robbery attack. 

Failure to prove these allegations, the case risks being dropped as a result of wateriness. Just like all other crimes under the penal 'code, the evidence must be waterproof. 

Such cases often depend on the prosecutor's preparations and presentation. For instance, a pickpocketing offense cannot be termed as armed robbery because the victim did not get traumatized or injured. 

Innocence

If your defense team prepares a tactical counterattack to the prosecutors' pieces of defense, you can get your case dropped or reduced. It is only possible when the accused person is framed to have committed an armed robbery offense. Counterattacking, a framed armed robbery case is simple but requires adequate preparation. 

Evidence plays a big role in the courtroom and the key to winning every case is providing enough evidence that can easily be substantiated by the courts. For instance, if you were framed to have committed an armed robbery offense, you can prove what you were doing at the time the incident occurred. 

This is sufficient proof that you were not at the scene at the time. Moreover, asking for CCTV footage from the neighboring buildings is another option. The videos are sufficient to warrant your case termination.

The accused is not of sound mind

For anybody to be charged in a court of law, that person's sanity must be proofed beyond a reasonable doubt. This is a necessary procedure that is done at the onset of any case. 

Likewise, for all accused persons who are taught to have committed an armed robbery offense, the sanity must be proofed. This is done at the hospital by a qualified clinician. If the accused person is found to have an unsound mind, the case will be, dropped for lack of grounds. 

However, these are not leeways to committing armed robbery crimes. It is a vice that must be collectively fought if it is to be worn. 

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