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Bronx Robbery Lawyers

The role of the jury in criminal cases is to determine whether a defendant is guilty or innocent. The role of the judge is to pass out the sentence in case one is guilty. The criminal statutes that are applicable in that context and state inform the decision that the judge will make. One should get a criminal defense attorney as soon as they are charged because no defendant can claim to understand every charge conclusively.

Penalties
Sentences
These criminal statutes have a section that suggests the punishment depending on the crime. The punishment can include a range of years and the specified maximum and minimum sentences that the defendant will receive. The judge will take into account the age of the defendant and if they have a criminal record when deciding upon the punishment.

The law is specific on the minimum and a maximum term of imprisonment in New York. The judge has to select the penalty that is far from the range. The minimum term is one year in second-degree robbery cases while the maximum term is fifteen years.

Other Penalties
Statutes usually specify other forms of punishment that are applicable in less serious cases. These include restitution, community service, and fines. One has the alternative of performing community service if they are unable to pay restitution.

The value of the stolen property and the level of violence used will be taken into account by the judge in a robbery case. The judge will also consider the nature of the victim because it will help them to understand more about the offender.

Robbery with violence will attract a serious charge because it is considered to be aggravated assault. The use of a weapon is not considered a separate crime in some jurisdictions. It influences the punishment. The presence of a weapon will lead to the lengthening of the sentence of the defendant.

Mitigating factors reduce the severity of the crime and the accompanying punishment. One could look at whether the defendant took responsibility for the crime and whether they returned the property that they stole. It can be considered to be a mitigating factor if the defendant has no prior record.

Defenses
Defendants in robbery cases have several options when mounting a defense.

Innocence
The burden is on the government to prove that the accused committed the crime beyond reasonable doubt in criminal trials. A robbery offense is a criminal case. The defendant has to make sure that this is not so. The defendant can do this by offering evidence that disproves the argument of the prosecution. They can also attack the evidence that the prosecution uses in the case. Alibis are very important in a robbery case because the basis of the case is in the presence of the accused at the scene of the crime. One can offer evidence showing that they were at some other place by providing witnesses. One can challenge video footage and eyewitness testimonies if they are not clear. The accused can be acquitted if the jury is doubtful of the argument proposed by the prosecution.

Duress
A complete defense to the robbery charges can be established if one shows that they were forced by another party to commit the crime. This could be because they were threatened with bodily harm or death. Proving this can be very difficult. It has been rejected many times by courts. This is if the fear of harm was minimal or if the defendant had an opportunity not to commit the crime without the risk of injury.

Entrapment
An entrapment defense can be used if someone pushed the defendant into committing the robbery. These defenses are very difficult to prove, but they are relevant. The responsibility of the defendant is to show that the victim instigated the robbery so that they could bring charges against them. This argument is rendered invalid if the defendant had any intent to commit the robbery. This is so even if other parties commit robbery so that they can doctor evidence against the accused.

Intoxication
Proof of intoxication is considered to be an affirmative defense when used on a robbery charge. Affirmative defense is where any one of the elements of the robbery cannot be proved.

Voluntary
A voluntary intoxication defense is only applicable in certain states. The charges will not be dropped, but one will be required to plead to a lesser charge. Robbery involves intent to steal someone’s property using violence. The court has to establish whether the defendant had the required intent to commit the crime if one is intoxicated. This is where affirmative defense applies because the intent cannot be determined conclusively. The defendant will be convicted on lesser charges if this is established because the threshold for intent is considerably low.

Involuntary
A defendant could be excused from criminal behavior if their intoxication was not a result of their actions. One has to show that they became intoxicated without their knowledge or they were forced into it.

http://criminal.findlaw.com/criminal-charges/robbery-defenses.html
http://www.legalmatch.com/law-library/article/robbery-defenses.html
https://criminal-law.freeadvice.com/criminal-law/violent_crimes/robbery-degrees.htm
http://criminal.findlaw.com/criminal-charges/robbery-penalties-and-sentencing.html


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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