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Robbery

Defending Against Robbery Charges in Monongalia County, WV

Frank Walker Law – Experienced Criminal Defense Attorney

If you have been charged with robbery in Monongalia County, West Virginia, you are facing a serious criminal offense that carries severe penalties. Robbery is classified as a violent crime under West Virginia law and can result in significant prison time, hefty fines, and a permanent criminal record. Whether you are facing charges for first-degree robbery, second-degree robbery, or any other robbery-related offense, it’s crucial to seek experienced legal representation.

At Frank Walker Law, we specialize in defending clients charged with robbery and other violent crimes in Monongalia County, and we are committed to helping you navigate the complex legal system. With years of experience, we will work aggressively to protect your rights, investigate the facts of your case, and pursue the best possible outcome.

What Is Robbery Under West Virginia Law?

Robbery is generally defined as the act of taking or attempting to take someone else's property by force, threat, or intimidation. It is a violent crime, and the use of force or threat of force makes it distinct from theft or larceny. 

In West Virginia, robbery is categorized into different degrees based on the severity of the crime and the circumstances surrounding the offense. The primary robbery charges in the state are:

1. First-Degree Robbery (WV Code § 61-2-12)

First-degree robbery is the most serious form of robbery in West Virginia. It occurs when the defendant uses force, intimidation, or threats to take property from another person and causes serious bodily injury to the victim during the commission of the robbery or threatens the use of a weapon. 

  • Penalties: First-degree robbery is a felony offense in West Virginia. A conviction can result in 10 to 40 years in prison, and in some cases, a fine of up to $5,000. 

Defending Against First-Degree Robbery Charges

To successfully defend against first-degree robbery charges, we may challenge the prosecution’s evidence or raise one or more of the following defenses:

  • Lack of Intent: We may argue that the defendant did not intend to use force or intimidation to take the property. 

  • Self-Defense: If you were acting in self-defense or in defense of others, we could argue that the use of force was necessary to protect yourself. 

  • Wrongful Identification: We may show that you were wrongly identified as the perpetrator of the crime.

2. Second-Degree Robbery (WV Code § 61-2-12)

Second-degree robbery is similar to first-degree robbery, but the severity of the offense is reduced. It occurs when a person unlawfully takes property from another by force or intimidation, but the use of a weapon or the infliction of serious bodily harm is not involved. 

  • Penalties: A second-degree robbery conviction is also a felony and can result in 5 to 18 years in prison, with a fine of up to $5,000. 

Defending Against Second-Degree Robbery Charges 

To defend against second-degree robbery charges, we will examine the facts and circumstances of your case and look for ways to discredit the prosecution’s evidence. Common defenses include: 

  • Lack of Force or Intimidation: We may argue that no force or threats were used in the alleged robbery, or that you did not take the property with the intent to rob the victim. 

  • Involuntary Actions: If the actions were unintentional or the result of duress, we may present these factors to reduce your culpability. 

  • Mistaken Identity: If there is doubt as to whether you were the perpetrator, we will work to demonstrate that you were misidentified.

3. Armed Robbery

Armed robbery involves the use of a deadly weapon during the commission of a robbery. West Virginia law specifically punishes this offense more severely due to the inherent danger posed by the weapon. 

  • Penalties: Armed robbery can result in 25 years to life in prison, depending on the circumstances, and you may face additional charges for the use of the weapon. 

Defending Against Armed Robbery Charges 

In defending against armed robbery charges, the key lies in challenging the presence or use of a weapon or questioning whether the weapon was involved in the commission of the crime. Some defense strategies include: 

  • Lack of a Weapon: We may argue that no weapon was involved in the robbery and that the victim’s testimony is not credible or reliable. 

  • No Intent to Threaten with a Weapon: If a weapon was present but not used in a threatening manner, we can argue that the robbery was not committed with the intent to intimidate or harm.

Common Defenses for Robbery Charges in Monongalia County, WV

When defending against any type of robbery charge in Monongalia County, WV, it is crucial to examine all the facts and evidence in detail. Here are several common defenses we use to challenge robbery charges:

1. Alibi Defense

We may present evidence that you were not at the scene of the crime and could not have committed the robbery. This could include testimony from witnesses who saw you elsewhere or surveillance footage that places you in a different location.

2. False Allegations

False accusations are not uncommon in robbery cases. If we can demonstrate that the victim made a false claim, we may be able to have the charges dismissed or reduced.

3. Lack of Evidence

To convict someone of robbery, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If we can highlight weaknesses or inconsistencies in the evidence against you, we can raise reasonable doubt about your involvement.

4. Mental State Defense

Robbery requires that the defendant acted with the intent to steal and used force or intimidation to do so. If we can demonstrate that you lacked the necessary mental state or were not acting voluntarily, we may be able to negotiate for reduced charges or a lesser sentence.

Why Choose Frank Walker Law for Your Robbery Defense?

At Frank Walker Law, we have extensive experience defending individuals charged with robbery in Monongalia County, West Virginia. We understand the complexity of robbery charges and the severe consequences that a conviction can have on your life. Our dedicated legal team will thoroughly investigate your case, examine the evidence, and develop a robust defense strategy designed to protect your rights and minimize the penalties you may face.

Contact Frank Walker Law Today

If you are facing robbery charges in Monongalia County, don’t take chances with your future. Reach out to Frank Walker Law for experienced legal representation. We offer a free consultation to discuss your case and help you understand your options.

Call or fill out our online contact form to schedule your consultation. 

Frank Walker Law – Aggressive Defense for Your Freedom.