How to Fight Robbery Charges in West Virginia Criminal Court
Being charged with robbery in West Virginia is a serious matter. Robbery is considered one of the most severe crimes under state law, and a conviction can carry significant consequences, including lengthy prison sentences and hefty fines. If you've been charged with robbery, you may be wondering what steps you can take to defend yourself. At Frank Walker Law, we understand how overwhelming this situation can be, and we're here to help you understand your options and fight for your future.
In this blog post, we'll explain what robbery charges entail, the types of evidence prosecutors use, and most importantly, the strategies you can use to fight these charges in West Virginia criminal court.
What is Robbery in West Virginia?
Under West Virginia Code § 61-2-12, robbery is defined as the taking of property from another person through the use of force, intimidation, or threats. It differs from theft in that robbery involves direct confrontation with the victim and the use of force or fear to steal the property.
Robbery can be charged in several ways depending on the circumstances:
First-Degree Robbery: If the robbery involves a weapon, causes injury to the victim, or occurs in a particularly dangerous or violent manner, it may be classified as first-degree robbery. This is a felony offense that carries penalties of 10 to 25 years in prison.
Second-Degree Robbery: If force is used but there are no significant injuries or weapons involved, the charge may be classified as second-degree robbery. This still carries serious consequences, with penalties of 1 to 10 years in prison.
Robbery of a Financial Institution: If the robbery occurs at a bank or other financial institution, the charges may be enhanced, and the penalties can be more severe.
Regardless of the charge, a conviction can have a lasting impact on your life. However, it's important to remember that being charged with robbery does not automatically mean you will be convicted. There are several legal defenses and strategies that can be used to challenge the charges and potentially avoid a conviction.
Common Defenses to Robbery Charges in West Virginia
Robbery charges are serious, but they can be challenged in several ways. Here are some of the most common defenses used in robbery cases:
1. Lack of Intent
One of the key elements of a robbery charge is the intent to steal property by force or threat. If you did not intend to take the property, or if there was no intention to use force or intimidation, you may be able to argue that the charge of robbery is not appropriate. For example, if you took something unintentionally or in a moment of confusion, you may be able to argue that the crime was not committed with criminal intent.
Your attorney can help demonstrate that there was no malicious intent to commit robbery. If your defense is successful, the charge could be reduced to a lesser offense, such as theft.
2. Self-Defense
In some cases, the use of force during the incident may have been an act of self-defense rather than an attempt to commit robbery. For example, if you were in fear for your safety and used force to protect yourself, this could be a valid defense against robbery charges.
To succeed with a self-defense argument, your attorney will need to show that you had a reasonable belief that you were in imminent danger and that the force you used was proportional to the threat you faced.
3. Mistaken Identity
Another common defense is mistaken identity. If you were falsely identified as the perpetrator of the robbery, you may be able to argue that you were in the wrong place at the wrong time or that the identification was inaccurate.
Your attorney will work to challenge the evidence of mistaken identity, including witness testimony and surveillance footage. If there is any doubt that you were the person involved in the robbery, the charges may be dropped or reduced.
4. Lack of Physical Evidence
Robbery charges are often based on eyewitness testimony, but in many cases, physical evidence may be scarce. If there is no physical evidence, such as fingerprints, DNA, or weapons linking you to the crime, your attorney may argue that the prosecution has failed to prove its case beyond a reasonable doubt.
In some cases, the lack of evidence can be the strongest defense. Your lawyer will thoroughly investigate the case, review all available evidence, and challenge the prosecution’s failure to produce compelling proof of your involvement in the robbery.
5. Consent
In certain situations, the victim may have given you permission to take their property. For instance, if you were engaged in a situation where the exchange of property was agreed upon (such as a barter or loan), the prosecutor would need to prove that the property was taken without consent. If you can show that there was no theft involved and that there was a mutual agreement, the charges may not hold.
The Consequences of a Robbery Conviction in West Virginia
A conviction for robbery in West Virginia can result in severe penalties, especially if the offense is considered first-degree robbery. The penalties can include:
First-Degree Robbery: 10 to 25 years in prison, and potentially a significant fine.
Second-Degree Robbery: 1 to 10 years in prison, depending on the circumstances of the case.
In addition to prison time, a robbery conviction can lead to a permanent criminal record that can make it difficult to secure employment, housing, and other opportunities. You may also face restitution requirements, meaning you would have to pay the victim for their losses.
Because of the severity of the potential consequences, it’s crucial to have an experienced attorney by your side to defend your case and protect your rights.
How Can Frank Walker Law Help You Fight Robbery Charges?
If you are facing robbery charges in West Virginia, Frank Walker Law can provide the experienced criminal defense you need to fight these charges and protect your future. We understand that each case is unique, and we will take the time to carefully investigate your situation and develop a defense strategy tailored to your needs.
Here’s how we can help:
Investigating the Case: We will gather evidence, interview witnesses, and examine all available information to build a strong defense.
Challenging the Prosecution’s Evidence: If the prosecution’s case is weak or based on questionable evidence, we will challenge it in court and work to have charges reduced or dismissed.
Negotiating a Plea Deal: If a trial is not in your best interest, we can help negotiate a plea deal to minimize penalties or secure a lesser charge.
Aggressive Trial Representation: If your case goes to trial, we will fight aggressively on your behalf, aiming to get the best possible outcome.
A robbery conviction can have a lasting impact on your life. If you’ve been charged with robbery, don’t face the criminal justice system alone. Contact Frank Walker Law today or schedule a free consultation online. Let us help you fight the charges and protect your future.
Your defense matters—let us help you navigate this challenging time and fight for your rights.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.