Under the law, robbery is a various serious charge, and requires a zealous defense. It is a “strike” and can bring a maximum penalty of life in prison. If you have been charged with robbery in Clark, Cowlitz, or Skamania County or the surrounding areas, you need an experienced criminal defense attorney on your side. Attorney Erin Bradley McAleer can provide that experience and the aggressive defense that you need.
Robbery is defined in our criminal justice system as taking personal property away from another person by the use of force or by threats of use of force. Robbery comes in two different levels: Robbery First Degree, and Robbery Second Degree.
Lawyer for Robbery in The First Degree
First Degree Robbery is a robbery where the defendant is armed with a deadly weapon, or with what appears to be a deadly weapon, or the defendant inflicts bodily injury, or the defendant robs a financial institution or bank. The offense is a class A felony with a possible sentence of up life in prison and a $50,000 fine. However, the standard range sentence for this offense is 31 to 41 months prison time for an individual with no criminal history. A “deadly weapon” means a weapon readily capable of causing substantial bodily harm. Under the law, any injury inflicted does not have to be intentionally inflicted under this statute. However, under Washington law, it is not sufficient for a defendant to merely threaten the use of a weapon, there must be some showing that an actual weapon was present, or there was some physical manifestation of a weapon. Oftentimes, a prosecuting attorney will attempt to charge a person with First Degree Robbery when there is a scuffle over a legitimate dispute over property. An aggressive defense lawyer is needed to protect a person from such prosecutions. Applying the laws in that manner is certainly beyond what the legislature intended when the robbery laws were enacted.
Attorney for Robbery In The Second Degree
Second Degree Robbery is charged when a robbery is alleged but the defendant did not use a deadly weapon or inflict injury. This offense is a Class B felony with a possible sentence of up to 10 years prison. The standard range of punishment for this offense is 3 to 9 months in the county jail for a person without any felony criminal history. However, this offense is considered a “strike.” In robbery cases, it is the job of a criminal defense attorney to consider asking the judge for “lesser included offenses.” This means that a judge will instruct a jury that if they don’t find sufficient evidence of First Degree Robbery, that they may consider convicting on lesser charges of Second Degree Robbery, or assault, or even misdemeanor theft. This tactical decision is often a way to potentially minimize prison time, but is often viewed as reducing the possibility of an outright acquittal. There are instances where a person shoplifting has been charged with robbery when they have pushed or shoved a store employee while attempting to flee with store merchandise. An aggressive defense lawyer is needed to defend against such charges.
As with most felonies, prosecuting attorneys often attempt to bring weapon enhancement on charges of robbery. For the crime of Robbery Second Degree, a deadly weapon enhancement brings an additional sentence of 12 months, and a firearm enhancement brings an additional sentence of 36 months. However, because the use of a deadly weapon raises the offense to First Degree, you do not see Robbery Second Degree charged with weapon enhancements too often. For the crime of Burglary in the First Degree, a deadly weapon enhancement brings an additional sentence of 18 months, and a firearm enhancement brings an additional penalty of 60 months.
An Aggressive Defense Attorney Is Needed:
When you meet with attorney Erin Bradley McAleer for a free consultation, he will review the facts of your case in order to properly advise you as to how he can best provide an effective defense on your behalf. Because of his experience and training, Steve Graham can defend people in an innovative and thorough manner. A serious crime such as robbery calls for an attorney that is aggressive and dedicated to your defense. Avoiding a conviction is always the goal that attorney Erin Bradley McAleer has for all his clients.
The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule an immediate confidential free consultation.
Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration, and Post-Conviction Relief (Vacating & Sealing Criminal Records).