Office Location
102 Amherst Street
Nashua, NH 03064

Shepherd and Hayes Law Firm, PLLC

Free Consultation (603) 233-1626

icon
Text Us
Shepherd and Hayes Law Firm, PLLC

Free Consultation (603) 233-1626

icon

Robbery

What Constitutes Robbery?

Robbery can take place in many different ways. Consider this: a shoplifter grabs an item from a store shelf and runs full speed for the exit, bypassing all the cash registers. A loss prevention officer sees the shoplifter and attempts to stop the shoplifter. The shoplifter, like a football running back, shoves the loss prevention officer while attempting to flee. The Shoplifter has just committed a robbery.

Consider this second scenario: A person enters a bank armed with a gun and mask. The person points the gun at the bank teller while demanding money. The bank teller, who is frightened, provides the suspect with money. This person has just committed a robbery.

In New Hampshire a person commits the crime of Robbery if, while committing a theft, he or she uses physical force on another person or threatens another the immediate use of physical force. The penalty for Robbery gets amplified if the accused was armed with a deadly weapon or attempted to inflict serious injury on another person.

Robbery Committed With A Firearm

In New Hampshire Robbery is a felony. Robbery is typically charged as either a Class A felony (up to 15 years in prison) or Class B felony (up to 7 ½ years in prison) depending upon the unique circumstances of the case. The punishment for Robbery is even more severe if a person was armed with a deadly weapon or reasonably appears to be armed with a weapon. If a person commits a Robbery with a Firearm that person faces a potential sentence of up to 20 years in prison.

Defenses To A Robbery Case

The State Cannot Meet Their Burden Of Proof

The government cannot prove that you committed the offense. The defense to Robbery, and any other crime, starts with the fundamental premise that the State bears the burden of proving, beyond a reasonable doubt, that you committed the robbery. You do not need to prove your innocence. Rather, the burden of proving guilt is entirely on the State to their very high burden of proof.

This Is A Case Of Mistaken Identity

Sometimes a person may find themselves falsely accused of a robbery due to mistaken identity, i.e., you resemble the person seen on the surveillance video or the victim thinks you had some of the same facial features as the actual robber. Other times a person may be accused of a robbery when they are simply in the wrong place at the very wrong time – the bank has just been robbed. The robber is long gone and you just happen to be walking up the sidewalk close to the bank when 100 police cars pull up.

Attack The Science

Law enforcement will use every piece of evidence they can conjure up in an effort to prove their case. The government may attempt to rely on Fingerprint, DNA or Cell Phone tracking evidence. An experienced criminal defense lawyer will consult with experts and raise doubt in the mind of jurors by attacking the scientific evidence. As an example, an experienced criminal defense lawyer may argue that fingerprint evidence is inaccurate as it is based on the subjective beliefs of the analyst. Perhaps the DNA evidence is inaccurate because it was not collected properly and became contaminated.

I’ve Been Charged With Robbery. What Do I Do Now?

Take Action!

Robbery is an extremely serious allegation. Police and prosecutors devote endless resources to investigating and prosecuting robbery offenses. The penalties are severe. If you have been charged with Robbery it is important that you understand your rights. It is important that you are represented by an experienced criminal defense lawyer – your freedom depends on it. Call our office now and speak with Attorneys Shepherd & Hayes.

Request a Free Consultation