Boston Robbery Defense Lawyer / Unarmed Robbery in MA
A Robbery conviction in Massachusetts comes with serious consequences. A judge can impose a sentence up to life in prison. A second conviction carries a mandatory minimum two-year prison sentence. If you are facing robbery charges, it is imperative that you have a skilled criminal defense attorney on your side.
To be convicted, the prosecution must prove each element of the crime:
Unarmed Robbery is essentially (1) A larceny (2) from the victim (3) by force.
Larceny is the unlawful taking of another person’s property, with the intent to permanently deprive the owner of that property. Larceny is a “lesser included offence” of robbery. As a side note, you cannot be convicted of both crimes simultaneously.
From the victim means generally their physical body or clothing. In some cases, this element extends beyond the victim’s physical body. For example, this would include a clerk who was held up at gunpoint and hands over cash from the register.
By force means that the taking occurred through the use of either actual or threatened force.
The crime of Armed Robbery requires the presence of a dangerous weapon, such as a gun or knife. It is not necessary for the prosecutor to prove that the weapon was actually used during the robbery, but rather that the defendant was armed. Further, it is not necessary that the person was actually armed with a weapon. If you even mention that you have a weapon – putting the alleged victim in fear – you can be charged with armed robbery.
Additional factors may result in specific Robbery charges. If the victim was over 60, a conviction carries a minimum sentence of two years in prison. If the defendant wore a mask or otherwise distorts his face during the robbery, the minimum sentence is five years in prison.