Based in Lexington, criminal defense attorney Dan Carman represents clients facing robbery charges throughout Kentucky. If you or someone you know has been accused of robbery, it is important to discuss your situation with a skilled Kentucky defense lawyer. The Carman Law Firm provides strong criminal defense to clients throughout the state in communities such as Fayette County, Winchester, Georgetown, and Nicholasville. Each client receives the same aggressive and thorough representation, all aimed to take advantage of every opportunity for reduced bond, case dismissal, reduced charges, reduced sentences, and alternatives to imprisonment.
While Attorney Dan Carman served in the armed forces, he was a Judge Advocate (defense lawyer and prosecuting attorney) for Marine Corps and Navy personnel charged with felonies and other offenses. This experience gives him distinctive insight into both sides of the legal process, which can be very advantageous to those charged with criminal offenses. He knows how the Kentucky criminal justice system operates and is dedicated to building the best possible defense for you, depending on the unique circumstances of your case. He even offers a free initial consultation to help you get started.
Kentucky Robbery Laws
Often confused with theft, robbery is actually a type of theft – one that involves force. Theft is when you take something that does not belong to you and you have no intention of giving it back, whereas robbery in Kentucky is a felony charge that results from using or threatening force upon or directed toward the body of another person while committing theft.
The most serious charge of robbery in the first degree occurs if there is probable cause to believe that the accused, in the course of committing theft, uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft and when the accused:
- Causes physical injury to any person who is not a participant in the crime; or
- Is armed with a deadly weapon; or
- Uses or threatens the immediate use of a dangerous instrument upon any person who is not a participant in the crime.
Robbery in the second degree is committed when someone, in the course of committing theft, uses or threatens the immediate use of physical force upon another person with intent to accomplish the theft.
It is common to attempt, at minimum, to have a Robbery in the first degree charge amended to a Robbery in the second degree charge. Kentucky’s statutory scheme may characterize Robbery in the first degree as a “violent” offense for the purposes of calculation of parole eligibility after serving 85% of the sentence, versus parole eligibility after serving 20% of the sentence for Robbery in the second degree. That can be a large difference in the amount of time a person has to serve in prison.
Defense of Robbery Charges
Police and prosecutors tend to treat instances of robbery very seriously. This stems from the callousness implied in threatening a person’s life just for a material possession. Few people charged with robbery are caught at the scene of the crime. Rather, the charges often stem from eyewitness identification, which can be highly unreliable evidence. Individuals make mistakes all the time, and, if there is no corroborating evidence such as stolen property recovered off of you upon arrest or from your home or car, a robbery case is even more defendable.
If you believed that you were the true owner of the property that was taken, then you did not have the required intent to be guilty of robbery. The same holds true if you didn’t intend the deprivation to be permanent. Other possible defenses include mistaken identity, entrapment, duress and lack of evidence. In a criminal case, the prosecution must prove its case beyond a reasonable doubt. The defendant does not have to prove his or her innocence, but giving proof of actual innocence can be a good strategy when the evidence is strong.
If you are questioned about a robbery, call an attorney. A competent robbery defense lawyer will investigate your case and look for evidence that weakens the case against you – perhaps you have an alibi and couldn’t possibly have been present. Perhaps the property was abandoned, or was not taken from the person or their presence.
We Can Help
Whatever the situation, Lexington, KY defense attorney Dan Carman understands that sometimes good people make bad choices. He will listen to your story carefully and help you make informed decisions regarding the best course of action. If you were charged with robbery, you are facing jail time and fines. Don’t gamble with your freedom by trying to handle it yourself. A criminal conviction can have lifelong implications. The Carman Law Firm offers thorough, experienced representation and aggressive defense. Call (859) 685-1055 today or fill out this online contact form.