Armed robbery is a very serious felony charge in Mississippi. Whether your gun was loaded or not, you could be facing extremely stiff penalties and sentencing. Depending upon the situation, you could be facing up to life in prison. Armed robbery is taken much more seriously than a simple robbery or burglary charge because a weapon is involved. It’s not uncommon to face a variety of additional charges too, so your top priority needs to be speaking with a defense attorney as soon as possible.
The Elements of an Armed Robbery Case
- Theft of another person’s property in the presence of that person
- Actual or threatened force against that person
- Attempting to put that person in fear
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Armed Robbery is Not the Same as Burglary
Robbery and burglary are two completely different things. In a burglary, there may not be anybody present at the time of the theft. In a robbery, you’re actively taking somebody’s property from them by force. The justice system is also much harder or people accused of armed robbery than of burglary. The idea is that a robbery is putting somebody’s life in harm’s way, where a burglary might be slightly lower risk where safety for victims is concerned. Regardless of what charges you’re facing, you need to talk to an attorney, swiftly. Don’t hang your hopes on a busy public defender.
Different Types of Armed Robbery
- Bank robbery
- Retail store robbery
- Home robbery
- Holding up a stranger
- Mini-mart/gas station robbery
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What if my Gun Wasn’t Loaded?
Unfortunately, it doesn’t matter if your gun was loaded or not. In fact, it’s also possible to be convicted of armed robbery if you used a fake gun, toy gun or replica firearm or if you make somebody believe you had a gun. The force can be ‘actual’ or ‘threatened.’ Listed below are just a few examples of different items that can be considered as weapons in an armed robbery.
What Counts as a Dangerous Weapon?
- A gun, loaded or unloaded
- A knife
- A toy gun
- BB gun
- Lead pipe
- Broken glass
- A replica gun
- A broken bottle
- An ax
- A sword
- An ice pick
- A rifle
- Any kind of blade
- The implication of a weapon
Intimidation and the Threat of Force
Ultimately, you could have a loaded gun or the implied bulge under a jacket. It’s the element of force, intimidation or threat of force that distinguishes an armed robbery from a simple robbery. While this can certainly be achieved without a weapon, it’s really the presence of a weapon or the implied potential of a weapon that makes an armed robbery case stand apart. The prosecutor is going to look at both of those circumstances in the same way. This is why it’s absolutely essential to choose a proven Jackson, Mississippi criminal defense attorney to handle your case.
An In Depth Investigation
Our ultimate goal is to get your case totally thrown out of court, and this starts with an in-depth investigation. We’ll make sure all potential leads are followed and all evidence to prove your innocence is brought to light. It may be necessary to have forensic DNA experts and other witnesses involved who can help to clear your name. During our investigation, we might also uncover blunders, errors or mistakes made by arresting officers or the prosecution.
Unreliable Eye Witness Accounts
Even though so many stores, establishments, banks and homes have video surveillance these days, eye witness testimony is still heavily relied upon by prosecutors for a variety of crimes. Unfortunately, it also happens to be the number one most unreliable type of evidence. An experienced criminal defense attorney will be on top of your case every step of the way, and make sure that you don’t get rail-roaded into a conviction for something that you didn’t do.
How to Choose a Lawyer
Unfortunately, public defenders, the “if-you-don’t-have-a-lawyer-a-lawyer-will-be-provided-for-you” lawyer does not have the time or resources necessary to devote to your freedom and future. Depending on the circumstances of your case, you could be facing life in a federal prison. Don’t leave it to chance with somebody who has too many cases to juggle. You also shouldn’t choose the first name you see in the phone book either. You need to pick a criminal defense attorney with a proven record in Jackson. Ask questions and make sure your lawyer has the actual experience to back up their claims. Your future depends on it. Contact the experienced team at Coxwell & Associates, PLLC for a case consultation today.