Can Robbery Charges Be Reduced or Dismissed in Pennsylvania, and If So, Under What Circumstances?
Robbery is a very serious criminal charge. In Pennsylvania, it is a felony offense that has the potential to carry serious jail time. With that being said, a criminal charge is an allegation. Robbery charges in Pennsylvania can sometimes be reduced or even dismissed outright. Within this article, our Harrisburg criminal defense lawyer highlights the key things to know about getting robbery charges dismissed in Pennsylvania.
Know the Law: Robbery Charges in Pennsylvania
As a starting point, it is crucial that you have an understanding of how robbery charges are handled in the Commonwealth. Under Pennsylvania law (18 Pa. C.S. § 3502), robbery is defined as the use of force, threats, or intimidation to commit theft. In other words, it is a type of theft offense that happens with actual or implied violence. The severity of the charge depends on the level of force used and whether the victim was injured. Here is an overview:
- Robbery is a first-degree felony if serious bodily injury occurs. A conviction can carry up to 20 years in prison.
- Robbery is a second-degree felony if the victim suffers minor injuries or the defendant threatens immediate harm. It can carry up to 10 years.
- A robbery is a third-degree felony if force or intimidation is used without actual injury or threat of immediate serious injury. It can carry up to seven years in prison.
When Can a Robbery Charge Be Reduced?
The burden to prove all elements of a robbery charge rests on the shoulders of the prosecution. Unfortunately, in some cases, they may “overcharge” crimes. A robbery charge in Pennsylvania can sometimes be reduced. For example, if there was no actual use of force or injury, the charge may be lowered to theft or assault. In some cases, if the prosecution lacks strong evidence, a plea deal could lead to a lesser charge, such as theft by unlawful taking. A Pennsylvania robbery defense lawyer can help you evaluate all options for getting a felony robbery charge reduced.
When Can a Robbery Charge Be Dismissed?
While robbery cases may be resolved through a plea agreement, false charges can and should be fought aggressively. You may be able to get a robbery charge dismissed outright. A robbery charge in Pennsylvania can be dismissed if there is insufficient evidence to prove the elements of the crime beyond a reasonable doubt. If the prosecution cannot establish that force, intimidation, or threats were used during the theft, the case may not meet the legal definition of robbery. Charges may also be dropped if there is mistaken identity, false accusations, or violation of your rights, such as because of an illegal search.
Contact Our Harrisburg, PA Criminal Defense Attorney Today
At The Hoover Firm, LLC, our Harrisburg criminal defense lawyer defends the full range of robbery cases. If you or your loved one was arrested for robbery, we are here to help. Contact us right away for a fully confidential consultation. With an office in Harrisburg, we defend robbery charges throughout the surrounding region.