New Hampshire Robbery Lawyer

Robbery is a crime that the justice system takes very seriously. Depending on the value of the stolen property and the amount of force used, the penalty can be years in prison. If you are facing this charge, you need counsel from experienced theft lawyers who know how to argue even the toughest cases.

Defining Robbery

Theft is generally defined as the unlawful taking of the personal property of another person or business. Robbery is usually charged when the theft is done through force or the threat of force. Robbery is considered a felony of the first degree when the defendant, in the course of committing the theft, inflicts serious bodily harm on another individual or intentionally puts someone in fear of being physically harmed. This type of robbery generally requires the use of a weapon during the theft. It may be possible for a New Hampshire robbery lawyer to defend against a first-degree robbery charge either through the use of pretrial motions to dismiss or by seeking an acquittal at trial.

Role of the Individual’s State of Mind

As in most criminal cases, the state of mind of the defendant is a crucial element. The government must show that the defendant had the intent to deprive the plaintiffs of their property. Proving a person’s state of mind can be a lot tougher than showing that some action took place. One possible defense strategy is to say that the state has failed to show that the accused person acted with bad intent.

Misidentifications

Misidentifications happen frequently, meaning the police arrest the wrong person which is especially common in robbery cases. It may be possible to challenge an eyewitness identification through the use of a motion for a lineup, based on differences between the witnesses; description of the assailant and the physical characteristics of the defendant.

Witnesses, and even the plaintiff, often make misidentifications in cases where a weapon was used, of people they have never seen before. New Hampshire robbery lawyers know the most effective ways of cross-examining identification witnesses.

Protecting Constitutional Rights

Having to defend against criminal charges can be nerve-wracking, but remember that every citizen is presumed innocent in the courts of New Hampshire, as well as all other states. A New Hampshire robbery lawyer can help the accused begin preparing for trial by collecting evidence to present in court.

Prosecutors must prove all the elements of their case beyond a reasonable doubt. Some of the key questions that must be raised are:

• What evidence do they have that the alleged crime was done on purpose?
• Is any of the testimony hearsay, which is inadmissible in court?
• Were any searches conducted in compliance with the requirements of the US and the New Hampshire Constitutions?

Speaking with an Attorney

Prosecutors will often put up a tough front at first, but when confronted with aggressive advocates, they show a willingness to cut a deal. Many lawyers can handle routine tasks such as drafting a will or helping with the purchase of real estate. New Hampshire robbery lawyers will listen to your story without judgment, gather all the information, and give you an honest assessment of what your best options are. Time is not your ally. If the government is already making a case against you, you need to speak with experienced defense attorneys right away.