Maryland Robbery Attorneys
Robbery is a serious felony charge in the State of Maryland, which calls for an experienced criminal defense attorney. A robbery charge has two major elements, an assault in the second degree, and a theft. When these acts are committed at the same time for the same purpose, the crime of robbery is created. A Robbery in Maryland is defined as the taking of another's property through the use or threat of force.
Robbery in Maryland comes in four major varieties:
- Robbery, contained in Criminal Law Section 3-402
- Robbery with a dangeorus weapon, or Armed Robbery, contained in Criminal Law Section 3-403
- Carjacking, contained in Criminal Law Section 3-405
- Armed Carjacking, contained in Criminal Law Section 3-405
What are the penalties for Robbery?
A robbery conviction carries a maximum of fifteen years (15) of incarceration. If a person is "armed with a dangerous weapon" during a robbery, the maximum penalty becomes twenty years (20) of incarceration.
What is a "dangerous weapon" for the purposes of a robbery?
A dangerous weapon isn't just a sharp knife or a loaded gun. A dangerous weapon can be nearly anything that could cause serious bodily injury. This could include almost anything, a sharp spoon, a large peice of wood, or even a rock.
It's also important to remember that the Defendant doesn't have to be proven to even have a deadly weapon, a mere threat is enough. I have a gun, give me your money
Carjacking involves obtaining unauthorized possession of a motor vehicle from another person by using force, or the threat of force, or by placing a person in fear to obtain a motor vehicle. Carjacking charges are on the rise in Maryland, many of which can be mistaken identity cases.
How does the State prove a Robbery case?
The State of Maryland can prove a robbery case by a number of means. Most commonly, evidence in Robbery cases come in the form of:
Eye witness identification
The most common, and perhaps strongest, form of evidence that is commonly seen in Robbery cases is eye witness and victim identification. Although this evidence seems rock solid, identification can be challenged sucessfully in criminal prosecutions. Common challenges to identifications include: inherently suggestive "show ups" where a victim is shown a person on or near the scene of an incident; suggestive photographic line-ups, where a witness or victim is shown a series of photographs that include the suspect's photograph; and, "confirmatory" photographs, where a witness is shown only a photo of a suspect and asked to "confirm" that Police have the right suspect.
In the last decade, surveillance footage has become a staple in criminal prosecutions. Nearly every business employs some sort of security camera, which are often recording 24/7. These recordings are targeted by police during their investigation, and can be used to develop a suspect or profile for a suspect early on in a case. Surveillance footage can be challenged in Court for it's authenticity, and its relevance. Often times Prosecutors seek to use surveillance footage to show a Defendant "looks like" a person on the footage, or an Officer "idetified the person" based on their height or build. An experienced attorney will analyze this footage and make the applicable challenges to it in Court.
As the science of forensics evolves, it has become a staple in criminal prosecutions. Dusting surfaces for latent fingerprints have been a familiar technique employed by officers for decades. In the evolving world of forensics, it has become more regular to see touch DNA, partial finger prints, and firearm weapon analysis used by Police to make arrests. Although Forensic science has been held out as "bullet proof", a qualified attorney can employ experts and to challenge forensic science. Our own Whitehouse approved a challenge to much of what was considered "proven" technologies in the famous PCAST reports.
Unfortunately, most Defendants do not know how to deal with police. This leads to a high number of coerced confessions, which Police use to establish their cases. Every statement that the state wants to use agaist you is subject to challenge; however, the best defense a person can have is having never said anything at all. Under the Fifth Amendment of the US Constitution, you have a privilege against self-incrimination, meaning that you cannot be forced to give evidence against yourself in a criminal matter, and the privilege against self-incrimination comes into play when you are arrested. The simple words "I invoke my right to be silent" could make a huge difference in a criminal case.
Maryland Robbery Lawyers
Luke Woods is a veteran trial attorney with over two decades of purely criminal defense experience. Luke has experience defending clients in Robbery, Armed Robbery, Carjacking, and Armed Carjacking cases. Luke has earned acquittals, dismissals, and not guilty jury verdicts on countless felony cases during his career as a private attorney. Call today and speak with him directly for a free case analysis.
Max Frizalone accrued felony trial experience in his prior roles as a prosecutor, public defender, and private attorney. Max has defended felony cases in Circuit Courts throughout Maryland. Max has prior experience prosecuting Robbery, Armed Robbery, Carjacking, and Armed Carjacking cases with the Prince George's County State's Attorney's Office.