In Pennsylvania, robbery is considered one of the most significant criminal charges an individual can face. Depending on the circumstances, robbery crimes can be graded as 1st, 2nd, or 3rd-degree felony. A robbery conviction often carries severe penalties, including lengthy prison time, substantial fines and court costs, and lifetime designation as a violent felon. Therefore, hiring a skilled PA robbery defense lawyer is your best chance to avoid this outcome.
Robbery offenses are prosecuted more vigorously because the crimes often involve acts of physical violence toward the victim. If you are charged with committing a robbery, you must build a focused and aggressive defense immediately.
Bucks County Robbery Defense Attorney
I have over a decade of experience providing skilled and aggressive representation to individuals facing robbery charges in Bucks County, Montgomery County, and the surrounding counties.
Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
PA Robbery Law
Under Pennsylvania law, a person is guilty of the crime of robbery if, the person, in the course of committing a theft:
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- Inflicts serious bodily injury upon another person (1st degree felony); or
- Threatens another with or intentionally puts them in fear of immediate serious bodily injury (1st degree felony); or
- Commits or threatens to immediately commit any felony of the 1st or 2nd degree (1st degree felony); or
- Inflicts bodily injury upon another or threatens another with or intentionally puts them in fear of immediate bodily injury (2nd degree felony); or
- Physically takes or removes the property from a person or by force, however slight (3rd degree felony); or
- Takes or removes the money of a financial institution without the permission by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution of the funds (2nd degree felony)
The grading of the robbery crime is essential because the Pennsylvania Sentencing Guidelines recommend more severe punishment for convictions based on higher graded offenses such as a 1st-degree felony robbery.
Types of Robbery Crimes
An example of a 1st-degree felony robbery would be a robbery committed using a firearm, knife, or other weapon or a situation in which the victim sustained significant bone fractures or lacerations.
An example of a 2nd-degree felony robbery would be a robbery in which a demand for money was accompanied by a threat of violence. A robbery involving a purse or phone snatching is considered a 3rd-degree felony.
Moreover, it is not unusual for the police or prosecutors to file robbery charges as a 1st-degree felony when the facts and evidence indicate that it should actually be charged as a 3rd-degree felony. I will review the circumstances of your case to determine if the police and prosecutors have filed the charges properly.
Penalties for a Pennsylvania Robbery Conviction
The penalties for a robbery conviction vary depending on an individual’s prior criminal record and the level of force or threats employed at the time of the offense.
Additionally, a conviction for robbery involving the infliction of serious bodily injury on a person or a threat that places a person in fear of immediate serious bodily injury is considered a “strike offense” under Pennsylvania’s “3 strikes law.”
Individuals convicted of a 2nd strike offense are subject to a mandatory minimum term of 10 years in prison, while those convicted of a 3rd strike offense are subject to a mandatory minimum period of 25 years in prison or a life sentence.
- 1st degree felony
- Up to 20 years in prison
- Up to $25,000 in fines
- 2nd degree felony
- Up to 10 years in prison
- Up to $25,000 in fines
- 3rd degree felony
- Up to 7 years in prison
- Up to $15,000 in fines
Additional Adverse Consequences of a Robbery Conviction
In addition to a lengthy prison sentence, significant fines, and court costs, a robbery conviction will most likely remain on your record for the rest of your life.
A criminal conviction for robbery will adversely affect your financial and professional opportunities, including your ability to become employed, receive personal or educational loans, acquire housing, or enlist in the military.
Having an experienced criminal defense attorney on your side is crucial to fight for your rights and freedom if you are facing a robbery charge.
Pennsylvania Robbery Defenses
I will thoroughly investigate the facts and circumstances of your case and develop the most effective defense against the robbery charges. In addition, my professional network includes many highly qualified independent investigators and forensic experts.
Sometimes, I will use an independent investigator to interview defense and prosecution witnesses before the trial. Moreover, the defense investigator can acquire documentary evidence such as phone records, medical records, surveillance videos, and other evidence establishing the accused’s innocence.
I would file a Motion to Suppress Evidence if the police violated your state or federal constitutional rights during the robbery investigation. Common examples include situations when the police violate your constitutional rights during the search and seizure of evidence or during a police interrogation.
Common Robbery Defenses
- Lack of theft
- Alibi (you were at another location at the time of the robbery)
- You lacked the intent to commit a robbery
- The alleged victim was not injured
- The alleged robbery was committed under duress
- You were legally entrapped into committing the robbery (entrapment)
- DNA, fingerprint, or other forensic evidence proves your innocence
- Establishing that you are the rightful owner of the property
I Negotiate with the Prosecutor for Reduced Charges
In some cases, I may be able to negotiate with the police and prosecutors to have robbery charges reduced to less severe offenses resulting in significantly reduced penalties. I will review the evidence in your case to determine if a negotiated plea agreement would provide the most effective resolution.
Eyewitness Misidentification in Robbery Cases
Prosecutors often rely on eyewitness testimony to gain a conviction in a robbery case. The Florida Innocence Project conducted a post-conviction study of criminal cases in which a misidentification of the accused had occurred.
They found that in 50 percent of the cases, eyewitness testimony was the primary evidence used against the accused during the trial, without other corroborating evidence such as a confession, forensic evidence, or informant testimony.
As a result, the Florida Innocence Project concluded that eyewitness testimony was the single most unreliable form of evidence accounting for most convictions overturned by DNA evidence.
Factors Affecting Eyewitness Identifications
Eyewitness identifications are often susceptible to suggestive identification procedures by the police. Examples include failing to follow proper procedures while conducting a witness’s photo lineup or following appropriate guidelines during a “show-up” identification for a witness at the scene of a crime.
Many other factors can contribute to misidentification by an eyewitness, including:
- Limits of human memory
- Eyewitness bias
- Alcohol or drug use by the eyewitness
- Insufficient length of observation time
- Overestimation of the accuracy of the identification by the eyewitness
- Effect of severe stress on the eyewitness
Challenging the Eyewitness Identification in Court
In some instances, I have successfully excluded evidence from suggestive or otherwise unreliable eyewitness identifications by filing a Motion to Suppress Identification Evidence.
During the trial, I will frequently present defense expert testimony addressing the unreliability of eyewitness testimony. In many cases, I have used my understanding of the science of eyewitness identification and my cross-examination skills to successfully refute the prosecution’s eyewitness evidence in identification cases.
Start with a Strong Defense
Have you been charged with robbery in Bucks County, Montgomery County, or the surrounding counties? Act quickly to protect your rights and build the most vigorous possible burglary defense is critical.
Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation, or fill out the confidential contact form for an immediate response.
