Robbery is a very serious crime that can change a person’s life drastically with serious implications. While a mere arrest does not necessarily result to a severe punishment, a robbery conviction will leave you with a felony record, significant fines or even incarceration. For this reason, it is imperative that you hire a competent defense attorney in Houston TX so they can implement the right defense strategies right away and save you a lot of trouble.
What are the possible defense strategies for robbery charges?
During a criminal prosecution, it has to be proven that the defendant committed that crime without any reasonable doubt. This is a burden of proof and it means that the defendant can avoid being convicted of attacking the evidence presented by the prosecutor. The defendant can also offer evidence that undermines that of the prosecutor.
For instance, a defendant could bring forth alibi evidence that they had been out of the state when the robbery took place. They could also say they were at a certain event during the time of that robbery and they have the witness to corroborate that fact. The defense can also challenge security videos or eyewitness identifications as well as any other evidence that the prosecutor has.
Actually, the defense doesn’t necessarily have to convince the jury of innocence, all they need is to cast a reasonable doubt on the prosecutors’ argument for the jury to return an acquittal.
The defendant can offer proof of intoxication as well. This can be an affirmative defense to Houston robbery charges.
Voluntary intoxication – In Houston, TX, voluntary intoxication is not an excuse to commit robbery but the defense might be able to plead for lesser charges after they have already been declared guilty.
Involuntary intoxication- If intoxication was beyond the defendant’s control then it can be an excuse for any crime committed during intoxication. However, the defendant will need to come up with proof that they were intoxicated without knowledge or against their will.
In case the defendant is able to prove that they were forced by someone else to commit the robbery by threatening them either with bodily harm or death, they could have a complete defense. However, proving duress can be quite difficult and most courts normally reject this defense strategy because the defendant had opportunities to avoid committing the crime without risking harm or death but did not do it.
In case someone pushed the defendant into committing the robbery that they would not have committed on their own, the defendant will have an entrapment defense. However, these defenses are quite hard to prove. In any case, if the defendant is able to prove that the person they robbed instigated everything just so that they could make the charges against them, the argument could be that the victim entrapped the defendant into committing the crime.
If the defendant, on their own, has decided to commit that crime, they would not be able to use the entrapment defense strategy.
Considering how serious Houston robbery charges are and the impact they could have on your life, the best strategy for you is to get a qualified and competent defense attorney who will put the best defenses forward for your case. An experienced attorney will evaluate your case and know exactly what will bring the best results for you.