Armed Robbery Offence, Defence and Penalties
Armed robbery charges range greatly in seriousness from robberies with knives and other weapons on the street to robberies of banks, RSL clubs and shops with guns. Our criminal lawyers know how to beat Armed robbery charges. They often involve weak identification evidence, no DNA or fingerprint evidence and roll over, untrustworthy witnesses. We also specialise in sentencing for these offences with our clients. We get more lenient sentences than their co-offenders and other people charged with the same offence.
If you are charged with an Armed robbery, one of our criminal lawyers can be the difference between freedom and a lengthy jail sentence.
How do I beat a charge of Armed robbery?
You will be found not guilty of the offence of Armed robbery if the police cannot prove beyond reasonable doubt:
- You with the intent to steal;
- Took property;
- From the victim’s immediate control or presence;
- Using violence or by putting the victim in fear; and
- You were armed with an offensive/dangerous weapon.
- You assaulted the victim; and
- You intended to steal property from the victim or another person;
- by the use of violence or the putting of that person in fear; and
- You were armed with an offensive/dangerous weapon.
Stealing involves you taking and carrying away property that belonged to another person with the intention to permanently deprive the owner of that property. And the taking was done without the consent of the owner.
Claim of Right is a defence to a Robbery charge. A person will have a claim of right where they possess a genuine belief that they have a bona fide claim of right to certain money or property taken. If you believed you were entitled to take the property, it does not matter that you did not believe you were entitled to take it in the manner you did. A robbery charge will fail because you cannot steal your own property. For more information about this, read out claim of right information.
Pleading Guilty to Armed Robbery
If you agree that you have committed the offence and the police are able to prove so, it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Armed robbery carries a maximum penalty of 20 years imprisonment where an offensive weapon is possessed and a maximum penalty of 25 years imprisonment where a dangerous weapon is possessed. This penalty is typically reserved for the worst offenders. It is an extremely serious criminal offence and if you are charged with Armed robbery you should contact our office immediately.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Why choose Australian Criminal Law Group do defend you robbery charges?
Our criminal lawyers are experts at obtaining the best outcome possible for robbery offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Mr Correy represented an Accused person charged with Aggravated Robbery. The Accused man admitted to the police that he had both been in a fight with the victim and that he had taken the wallet. Mr Correy represented to the DPP that the fight had occurred without any intention to rob. The wallet had fallen from the victim’s pocket during the fight. Mr Correy represented that the taking of the wallet occurred following the fight and the threat of violence and taking did not coincide. The DPP agreed and laid charges of assault and steal from person resulting in the offences staying in the Local Court. The Accused person plead guilty and received section 9 bonds.
Joseph represented a 19-year-old man charged with three counts of armed robbery in company while brandishing a firearm. Each time a significant amount was stolen was almost ensuring a lengthy jail term. Looking at three sentences of up to 20 years in prison. Fierce negotiations led to the prosecution being convinced to only pursue two counts rather than the original three. Joseph’s client was released 18 months after his sentence date.
Mr Correy represented a client charged with two armed robberies of RSL clubs, six break and enters, and possessing a firearm. There were five co-Accused who were only charged with one armed robbery each. Everyone pleaded guilty. Mr Correy’s client got the shortest sentence of imprisonment despite having by far the most charges because of the strong case he put forward on sentence.
Our solicitor appeared in trial for an Accused charged with Inflicting grievous bodily harm with intent and Assault with intent to rob. The prosecution witnesses were cross-examined to establish that the Accused could not be identified as having been involved in the robbery. t could not be established his role in the brawl that subsequently broke out included use or knowledge of a knife used to stab the victim. It was argued any involvement he had was in self-defence. The jury subsequently found the Accused not guilty of all charges.
Australian Criminal Law Group represented a person charged with robbery in company inflicting grievous bodily harm. This carries a maximum penalty of 25 years imprisonment. Mr Correy negotiated for the charge to be withdrawn and for his client to plead guilty to an alternative charge of affray. The Magistrate sentenced our client without recording a conviction.
Australian Criminal Law Group represented a person charged with robbery in company inflicting grievous bodily harm and intentionally inflict grievous bodily harm. Both offences which carry a maximum penalty of 25 years imprisonment. He had a substantial criminal record and was facing many years in jail if sentenced for those charges. The Crown prosecutor was convinced to accept a plea of guilty to recklessly inflicting grievous bodily harm. The client received a 2-year sentence with a 12-month non-parole period.