Unique Aspects of a Lexington Robbery Case

There are several different types of robbery cases in Lexington, SC. This includes armed robbery, attempted armed robbery, and common law robbery, which is also known as strong armed robbery. Robbery cases share some of the same elements such as the taking and carrying away another person’s personal property with the intent to deprive that person of the possession of that property.

The elements are different with armed robbery and common law (aka strong-armed robbery) even though both share the element of use of force, threats, and intimidation, but not being armed with a deadly weapon or having possession of an object the alleged victim believes to be a deadly weapon. Speak to a seasoned attorney to learn about the unique aspects of a Lexington robbery case.

Consequences of a Robbery Conviction in Lexington?

The consequence of a conviction depends on the type of robbery case. For example, common law robbery or strong-armed robbery is a Class B felony that carries a maximum prison sentence of up to 15 years per S.C. Code Section 16-11-325. Attempted armed robbery is a Class C felony which carries a maximum sentence of up to 20 years in prison, and it can be found in S.C. Code Section 16-11-330. Armed robbery is a Class A felony and a most serious offense, carrying a sentencing range with a mandatory minimum of 10 years up to 30 years as a maximum sentence in prison.

What a prosecutor must prove for a person to be charged with robbery?

The prosecutor must prove all the elements of the case. For example, if it is an armed robbery charge, the prosecutor must prove beyond a reasonable doubt based on the evidence they can present that a person is taking and carrying away with the intent to deprive that person in possession of the property by use of force, threat, or intimidation, and armed with a deadly weapon or having possession of an object the alleged victim believes to be a deadly weapon.

What Is the Difference Between a Misdemeanor and Felony Offense?

There are several distinguishing factors between a misdemeanor and felony defense. A misdemeanor cases is less serious than felony cases but can still have lifelong consequences. If a person is convicted of felony robbery, there are collateral consequences that could affect employment, housing, and many other areas of life such as gun ownership and voting.

Evidence to Help the Defense

In many robbery cases, there are certain types of forensic evidence that could be challenged, and whether the need for hiring a private investigator becomes necessary. Going out and collecting evidence such as video surveillance can be helpful that would show a weakness in the state’s theory of the case. Additionally, it is important to determine whether hiring an expert witness to challenge the DNA evidence or any other types of forensic evidence related to the case, such as forensic evidence and physical evidence will be needed for a case.

Digital forensic evidence is present in almost every case because almost everyone has a cell phone. Cell site location data is essentially the information showing which cell tower linked to a specific phone that they believe that would identify a person’s location during a time frame. A seasoned defense lawyer may can use this evidence in his theory of defense, so they can analyze it and identify any potential defenses or weaknesses on the state’s case.

How a Robbery Attorney Could Help

When meeting with an experienced defense attorney is best to provide the lawyer with every bit of information that they can get, every detail, the who, what, when, where, how, and how, and really lay out everything you know about the situation. A lawyer will then review the state’s evidence (the discovery) and conduct their own independent investigation.

A lawyer will lay everything out on the table to go through with it with a fine-tooth comb, identifying any potential defenses or what additional independent investigation is needed. An attorney will determine if there are any weaknesses in the state’s case. Schedule a consultation to learn more about the unique aspects of a robbery case and how a lawyer could help you.