Rhode Island Robbery Lawyer
What is Robbery?
Robbery is the crime of taking something of value by force or threat of force or by putting the victim in fear.
Robbery Defense Lawyer
If you are under investigation or have been arrested for Robbery in Rhode Island, your future and your freedom are at stake. A Rhode Island robbery lawyer will help guide you through the criminal justice system with the ultimate goal of having your charges dismissed.
In Rhode Island, a person commits robbery if someone takes goods from another person by force or threat.
There are many defenses to the crime of Robbery, whether it is a factual denial or an assertion of facts or law that counters or negates a claim made by the the State of Rhode lsland. Attorney Zarrella will fight to defend your rights and freedom.
First Degree Robbery in Rhode Island carries a potential prison sentence of not less then ten (10) years and up to life for those convicted of first degree robbery. Second degree robbery carries a potential prison sentence of not less than five (5) years and no more than thirty (30) years.
First degree robbery in Rhode Island is where a robbery one of the following occurs:
1. The robbery is committed by use of a dangerous weapon;
2. A robbery where a victim is injured; or
3. A robbery where the victim is a person who is severely impaired or an elderly person.
SERIOUS CHARGES REQUIRE SERIOUS ATTORNEYS
Robbery is a serious charge. Defendants who are convicted often receive a lengthly jail sentence. In Rhode Island, criminal defense attorneys face determined and aggressive Attorneys General who can bring to bear all of the resources of the State. Robbery defendants need skilled and able attorneys who will fight for them.
Can you get bail on a Robbery charge?
Because robbery in the first degree is a capital case, a defendant can be held without bail on the charge. But that does not necessarily preclude bail. A good criminal defense attorney will argue the weakness of the State's case to get bail set, as well as their client's background and ties to the community to show that they are not at risk of flight.
Some of the factors that a good criminal defense attorney will use in a Robbery bail hearing to achieve bail are as follows:
- How long has the defendant resided in Rhode Island?
- How many family members of the defendant live in Rhode Island?
- Does the defendant have any children and do they attend school in Rhode Island?
- Is the defendant employed?
- Is the defendant under the care of a physician?
- Does the defendant have a prior criminal record and facts indicating danger to the community?
- Has the defendant missed any prior court appearances?
- Does the person own property in Rhode Island?
- Does the person pay taxes?
- Did the defendant flee at the time of his arrest?
It is very important to get bail set in a robbery case, because it is much easier to defend a case from the streets then it is from the ACI.
Rhode Island Penalites for Robbery
CHAPTER 11-39
Robbery
SECTION 11-39-1
§ 11-39-1 Penalty for robbery. – (a) Every person who shall commit: (1) robbery by use of a dangerous weapon; (2) robbery where a victim is injured; or (3) robbery where the victim is a person who is severely impaired or an elderly person; shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both.
(b) Every person who shall commit robbery or other larceny from the person by force or threat, where there is no weapon and no injury and the victim is neither a severely impaired person or an elderly person, shall be guilty of second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.
(c) For the purposes of this section:
(1) "Person who is severely impaired" has the same definition as provided in § 11-5-11; and
(2) "Elderly person" means a person sixty (60) years of age or older.
SECTION 11-39-2
§ 11-39-2 Robbery of the owner, lessor, or occupant of a motor vehicle. – (a) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, or occupant by use or threat of use of a dangerous weapon against the owner, lessor, or occupant resulting in serious bodily injury, as defined in § 11-5-10.2, shall be guilty of first degree robbery and shall be imprisoned for not less than ten (10) years and may be imprisoned for life, or fined not more than fifteen thousand dollars ($15,000), or both. In all such cases, the justice imposing sentence shall impose a minimum sentence of ten (10) years imprisonment and may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for a term of ten (10) years is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence. A person sentenced to prison for violation of this subsection shall not be eligible for parole until at least one-half ( 1/2) of the sentence has been served in prison.
(b) Every person who shall unlawfully seize a motor vehicle from its lawful owner, lessor, or occupant by force or threat of force against the owner, lessor, or occupant shall be guilty of second degree robbery and shall be imprisoned for not less than five (5) years nor more than thirty (30) years, or fined not more than ten thousand dollars ($10,000), or both.
(c) Every person who shall commit robbery of a motor vehicle by seizing it from its lawful owner, lessor, or occupant under the circumstances set forth in subsection (a) or (b) of this section, resulting in the death of the owner, lessor or occupant, shall be guilty of first degree murder and shall be sentenced to life imprisonment, and may be sentenced to life imprisonment without parole if ordered by the court pursuant to chapter 19.2 of title 12. A person sentenced to life imprisonment for violation of this subsection shall not be eligible for parole until at least twenty (20) years of the sentence has been served in prison.
Defend yourself from a Robbery charge , contact attorney Michael J. Zarrella, now!