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New Orleans Criminal Lawyer > Blog > Criminal Defense > Defenses exist to criminal charges based on robbery

Defenses exist to criminal charges based on robbery

Facing allegations of a crime can be challenging. In order for the accused to take action against the criminal charges, a defense will have to be made. The process of a criminal defense is dependent on the details of the crime and what the state will need to prove to convict a defendant.

When a Louisiana prosecutor brings robbery allegations against a party, several conditions must be met. First, the accused must have intended to take someone else’s money or goods. In addition, the alleged victim must have been present at the time of the alleged incident. Second, the alleged victim must not have consented to the taking of the item or items, and the alleged perpetrator must have taken items through the threat or use of violence or force.

Prosecutors must prove all elements of a crime in order to be successful at trial; as such, it is possible for those accused of robbery to defend him or herself based on the failure of the prosecuting attorney to establish the entirety of the crime. For example, a person facing robbery charges could establish that an alleged victim gave an item to the accused of his own volition. The accused could also show that he or she never took anything from the alleged victim due to a lack of opportunity or other cause.

In some cases, a person accused of robbery may claim that intoxication caused him to commit the alleged criminal act. If a person can show that but for his or her intoxication they would not have committed the crime, he or she may be able to avoid the penalties associated with a criminal conviction. Whether a person was intoxicated by his or her own doing or by the influence of another person may also factor into the success of the defense.

Other defenses, including but not limited to duress and entrapment, can also serve as bases for the dismissal of robbery charges against an accused party. Individuals facing such criminal allegations can investigate whether the factual scenarios of their cases align with the possible uses of those defense plans. Those accused of a crime such as robbery should learn more about their legal options in order to better protect their rights and interests.

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