If you’re facing robbery charges in Cape Cod, you’re likely experiencing significant stress about your future and freedom. Whether you’re charged with armed or unarmed robbery, this is a serious felony that can result in a lengthy prison sentence, significant fines, and a criminal record that may affect your employment, housing, and other opportunities for years to come.
However, there are several potential defense strategies a Cape Cod robbery lawyer can leverage, and prosecutors must prove every element of the charge beyond a reasonable doubt. You should seek the advice of a skilled Cape Cod robbery lawyer to help you navigate the Massachusetts legal system to protect your rights.
The Elements of Robbery Under Massachusetts Law
Armed robbery in Massachusetts consists of several essential elements that prosecutors must prove beyond a reasonable doubt. A seasoned Cape Cod property crimes lawyer can help challenge the following elements needed to prosecute you for robbery:
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Taking or Attempted Taking of Property
First, there must be a taking or attempted taking of property. This taking must involve property that was in the accuser’s control, and even brief possession of the property by the accused defendant is sufficient to satisfy this element. The value of the property is irrelevant to proving armed robbery.
The property must be taken from the person’s custody or control, although direct physical possession is not required. Massachusetts law stipulates that property must simply be under the person’s control or within their presence, including property that the person was protecting or property in their immediate vicinity over which they had authority or control.
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An Element of Force or Fear
The element of force or fear is crucial to establishing armed robbery. Prosecutors must demonstrate either that actual force was applied or that the alleged victim was put in fear. The fear must be reasonable under the circumstances, and threats can be either explicit or implied. Even minimal force is sufficient if it allows for the taking of the property.
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Possible Penalties for Armed Robbery Charges in Cape Cod
If prosecutors say you used a weapon, this is very serious. An experienced Cape Cod criminal defense lawyer with Nate Amendola Defense can confidently help you get these charges reduced or dismissed. Here’s what you could be facing:
- The possibility of going to prison for life, especially if you are accused of having a gun
- You must serve a minimum of 5 years in state prison if it is proven a gun was used in the robbery
- The penalties for armed robbery are more severe if the person is over 60 years old
“Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years.” M.G.L. c. 265, § 17
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Possible Penalties for Unarmed Robbery Charges in Cape Cod
- Imprisonment for any term of years up to life in state prison
- For a second conviction, there is a mandatory minimum sentence of 2 years in prison
- If the victim is 60 years or older, a conviction carries a minimum sentence of two years in prison
The severity of the sentence you may face depends on various factors that judges consider, including:
- Your existing criminal history
- The strength of the evidence
- Specific circumstances of the case
“Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another money or other property which may be the subject of larceny, shall be punished by imprisonment in the state prison for life or for any term of years.“ M.G.L. c. 265, § 19
It’s important to note that unarmed robbery is a felony that can only be resolved in the Superior Court. However, prosecutors may sometimes reduce the charges to keep the case within the District Court, often downgrading it to Larceny From a Person. A larceny charge is still a felony but carries a lesser maximum sentence of up to five years in state prison or two and a half years in the house of correction.
Even without a weapon, robbery is serious, but there are options to defend against these charges by building a strategic defense tailored to your situation. A savvy Cape Cod robbery lawyer can navigate the complexity of the laws associated with robbery charges and save you both time and money spent attempting to defend against these charges on your own.
If You’re Charged With Breaking and Entering
In Massachusetts, there are significant differences between nighttime and daytime breaking and entering charges for property crimes:
Nighttime Breaking and Entering Robbery Charges
Breaking and entering at nighttime is considered the more serious offense:
- It is punishable by up to 20 years in state prison
- “Nighttime” is legally defined as the period from one hour after sunset to one hour before sunrise.
- The law allows for an inference that nighttime breaking and entering is done with the intent to steal
- This charge typically involves the intent to commit a felony inside the property
“Whoever breaks and enters into a dwelling house in the night time, with intent to commit a felony, or whoever, after having entered with such intent, breaks such dwelling house in the night time, any person being then lawfully therein, and the offender being armed with a dangerous weapon at the time of such breaking or entry, or so arming himself in such house, or making an actual assault on a person lawfully therein, shall be punished by imprisonment in the state prison for life or for any term of not less than ten years.” M.G.L. c. 266, § 14
Daytime Breaking and Entering Robbery Charges
Breaking and entering during the daytime carries less severe penalties:
- It is punishable by up to 10 years in state prison or up to 2.5 years in a house of correction.
- “Daytime” is considered any time outside the nighttime hours defined above.
- The prosecution must prove the specific intent to commit a felony; it is not automatically inferred as with nighttime charges
“Whoever, in the daytime, breaks and enters a building, ship, vessel or vehicle, with intent to commit a felony, the owner or any other person lawfully therein being put in fear, shall be punished by imprisonment in the state prison for not more than ten years.” M.G.L. c. 266, § 18
Possible Legal Defenses Against Robbery Charges
Although the consequences of being charged with robbery are scary, don’t despair – the following strategies are defenses we can use to help get your charges reduced or dismissed:
- Mistaken Identity: Challenging the accuracy of eyewitness identification, which can be unreliable
- Lack of Intent: Arguing that you did not intend to commit robbery, which is a crucial element of the crime.
- Alibi: Presenting evidence that you were elsewhere at the time of the alleged robbery
- Consent: Claiming that the alleged victim willingly gave up their property, negating the element of force or fear
How Nate Amendola Defense Can Help You
Robbery charges can have a long-lasting impact on your relationships, housing, and career, but a robbery lawyer in Cape Cod with Nate Amendola Defense will fight to protect your rights and mitigate the potential consequences. Don’t jeopardize your rights, reputation, or freedom by taking on robbery charges alone. Call us immediately for a free, 100% confidential consultation, or submit an online form with your case information today
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