Phoenix Robbery Attorney
Contrary to common misconception, a robbery is not committed when an individual breaks into the home or vehicle of a victim and steals their property. Rather, the offense is charged when a person is accused of using force or threatening to use force when committing a theft with the intent of scaring the victim into relinquishing the property or inducing them to not resist. The law in Phoenix, Scottsdale, Tempe, Glendale and Mesa regarding robbery does not require any evidence that the defendant used or even possessed a weapon. Rather, the prosecution files robbery charges anytime there is even the slightest allegation that the defendant made any sort of threat or had any minimal level of physical contact with the victim.
Phoenix Robbery Defense Lawyer
As a Phoenix Criminal Defense Attorney, Joshua S. Davidson has personally handled many robbery cases where the only force allegedly used by the defendant was limited to inadvertently knocking the victim off balance while taking their purse or brushing past a security guard or store manager while escaping from a shoplifting. Although these types of cases should more properly be charged as the less serious criminal act of theft, the Maricopa County Attorney tends to file robbery charges instead because the potential punishment that could be imposed for a Phoenix Robbery conviction is much greater than that for a theft charge.
Phoenix Robbery Attorney Joshua S. Davidson has handled many robbery cases as both a criminal defense lawyer and a prosecutor. With his broad experience, he understands how to identify those robbery cases that have been “overcharged” by the prosecution and will vigorously defend your rights in court. In many Phoenix Robbery cases, there is little dispute that the defendant took property that didn’t belong to them, perhaps even from the immediate possession of the victim. The legal issue in these cases is whether the defendant intimidated the victim with violence or threatened violence to facilitate the theft. In these cases, an experienced criminal attorney like Joshua S. Davidson will concentrate his defense strategy on attacking the evidence related to the alleged violence and seek a reduction of your charges.
Other robbery cases are best challenged by asserting the defense of mistaken identification. Because most robbery crimes in Phoenix are committed against victims who are strangers to the defendant, the subsequent identification of the defendant by the victim is of critical importance to the prosecution’s case. Sometimes, the police will prepare a photographic line-up containing several pictures and ask the victim to identify the person who committed the robbery. If the individual was apprehended shortly after the robbery, the police may not even bother assembling a line-up and instead just ask the victim to look at the defendant sitting handcuffed in the back of a police car and confirm whether he committed the criminal act. Regardless of what method the police used in your Phoenix robbery case, the identification may be compromised by police misconduct. For example, the police may prepare a photographic line-up depicting you with 5 other people who look nothing like you, or might subtly coach the victim into identifying the person they have already arrested. Depending on the individual circumstances of the robbery case, the court may suppress the victim’s identification if the police tainted the process by engaging in these suggestive tactics.
By conducting a through defense investigation into your robbery case, attorney Joshua S. Davidson will carefully examine the circumstances surrounding your identification for any police misconduct or other irregularities. Joshua S. Davidson will file motions in court seeking the suppression of any illegally obtained evidence and will aggressively litigate any pre-trial legal issues that could result in the reduction or dismissal of your robbery charges.
If you have been charged with robbery in Phoenix, Mesa, Glendale, Tempe or Scottsdale, you could be facing prison, probation, jail, and a felony conviction of your record. Do not risk your freedom and your future with a law firm that will treat you as a number, not a person. Phoenix Robbery Attorney Joshua S. Davidson personally handles every case and will aggressively fight to protect your rights.
Contact Phoenix Robbery Attorney Joshua S. Davidson today if you or a loved one has been charged with robbery in Phoenix.