Are there any Defenses Available to Individuals Charged with Robbery in Pennsylvania?

Robbery is a serious criminal offense. Under Pennsylvania law (18 Pa. C.S. § 3701), robbery is defined as the act of theft committed through actual or implied violence. It is a felony offense that can carry significant prison time. Of course, as with any criminal charge, prosecutors have the burden of proof in a robbery case. There are defenses available. In this article, our Harrisburg criminal defense lawyers highlight the defenses to a robbery charge in Pennsylvania.

Know the Defenses Against a Robbery Charge in Pennsylvania

Mistaken Identity

Imagine a robbery occurred, but you were falsely identified as the perpetrator. You have the right to raise an aggressive defense on the grounds of mistaken identity. Notably, robbery charges in Pennsylvania often rely on witness identification—but the reality is that mistakes happen. Stress, poor lighting, and suggestive police procedures can also lead to wrongful accusations. If you were misidentified, your robbery defense lawyer can challenge the evidence.

Lack of Intent

Robbery is theft through actual or implied violence. It requires intent. If you had no intent to steal or threaten violence, you may have a valid defense. A misunderstanding, mistaken belief in ownership, or lack of awareness about the alleged crime can cast doubt on intent. A lawyer can help you raise a lack of intent defense against a robbery charge.

Lack of Actual or Implied Violence

Without actual or threatened violence, robbery is not a viable criminal charge in Pennsylvania. All the elements would not be met. In some cases, prosecutors in the Commonwealth “overcharge” offenses. The allegations may be more consistent with a theft charge than a robbery offense. It is an important distinction because robbery is a far more serious crime than theft.

Due Process Violation

A violation of your constitutional rights can weaken the prosecution’s case. If the police conducted an illegal search, failed to read your Miranda rights, or coerced a confession, the evidence obtained may be inadmissible. Your Harrisburg, PA robbery defense attorney can help you take action to get illegally obtained evidence excluded from court. Without it, the case may fall apart.

Lack of Evidence

As with other criminal cases, the burden of proof in a robbery case rests on the shoulders of the prosecution. If they cannot produce sufficient evidence to prove every element of the robbery charge, then the case should be dismissed. Robbery charges can be defended on the grounds that prosecutors do not have evidence of the defendant’s culpability. 

Contact Our Harrisburg, PA, Robbery Defense Lawyer Today

At The Hoover Firm, LLC, our Harrisburg criminal defense attorney has the skills and experience to defend all types of robbery cases. If you or your loved one was arrested and charged with robbery, we can help. Contact us today for a fully confidential, no-obligation case review. With an office in Harrisburg, our team defends robbery charges throughout the surrounding region in Pennsylvania.