Robbery is classified as theft plus the threat of violence, in other words, the unwanted taking of something with the use of, or threatening use of, some sort of force. Robbery cases can be difficult, because typically it is emotional and a person involved in a robbery case risks the possibility of going to jail. If you are facing robbery charges in Lubbock, you need to retain the help of an experienced Lubbock robbery lawyer to build a defense to your charges. An experienced theft attorney can be essential help in your case to mitigate any potential penalties you may face.
Robbery is a second-degree felony, so punishment is three years to up to 20 years in the penitentiary and up to a $10,000 fine. If there is an aggravated robbery, which typically means that someone is dead, hurt, shot, or stabbed, it could be charged as a first-degree case, which is a five-year minimum to life, referred to as five to 99 years in prison or life. Also, the robbery could be a first-degree felony, depending on the vulnerability of the victim. For example, if the victim is a child or a senior 65 years of age or older, what normally would be robbery is then classified as aggravated robbery in Lubbock.
If the robbery involves a deadly weapon, an object used in the manner of or is capable of creating a serious bodily injury, then that would increase the range of punishment as well as the length of time a person is in jail. In a normal, non-deadly weapon case a person would be eligible for parole once they have done a quarter of their time. But in this case, it is 10 years, because a person has to do five years before they will even be eligible to get out on parole.
The first thing that a Lubbock robbery lawyer will do is put a case together with an investigation. The prosecution is going to have to prove beyond a reasonable doubt that the individual accused, the defendant, deprived another of their property or attempted to deprive another of their property by some sort of force, threat, or physical confrontation.
A lot of cases have one or more weakness that the prosecution cannot prove. It may be that the alleged victim cannot give a history. It may be that there were extenuating circumstances. A lawyer in Lubbock will evaluate and do the research to put the case together. In the end, they want to know what the strengths and the weaknesses are and figure out how to apply that to a particular prosecutor to accomplish whatever goal they are trying to do. It could be that this did not happen and they want to have the case dismissed, or perhaps it is getting probation or deciding if this would go to trial or to minimize the jail sentence.
Sometimes after the case is reviewed and the evidence shows substantially the guilt, if offered, it is an option to consider a plea deal that might reduce the first to probation instead of prison. Lawyers prefer to keep it off their record instead of risking going to trial and being found guilty. They might be able to reduce the case to a misdemeanor so there is no felony on the record. The other issue is the liability that the client has. If this is a first offender or this is someone who has already been convicted several times in the past and doing substantial prison time, this might impact the case. If there is an offer that is reduced, it might be considered at the time of the plea bargain.
Role of an Attorney
Lawyers will want to make sure that they have as many of the facts of the case as they can. They will want to do an independent investigation, most likely with investigators on their staff. There are too many things that the lawyer needs to know, so they will talk to all of the witnesses, gather all physical evidence, make sure police have not been overlooked, talk to the defendant, talk to any of the defendant’s witnesses to find out their side of the story, and put it all together to see where the facts fall.
Contacting an Attorney
A Lubbock robbery lawyer will want to know if there are any statements that have been made, any police reports that they know about, and any evidence.Whatever evidence the client has, they should bring it with them when they sit down and talk about the case.
A person should try to hire a robbery attorney in Lubbock if they want to stay out of prison, keep their conviction off their record, and see what can be done that might end up with the case dismissed so that it can be expunged and the arrest is no longer on the record.