What is the best criminal defense for armed robbery?
Is there a defense that involves financial hardship or robbery to provide for the familial?
Answers:
If you intentionally and intentionally committed armed robbery, I don't think any jurisdiction would have an affirmative defense. However, poverty might be taken into consideration surrounded by sentencing.
Normal law abiding citizens that have to nurture their children and wife go get a available job. They don't walk into a store and terrorize an Innocent clerk, who is also there working a duty to feed her kids. I have no sympothy for him. Financial poverty? Really? This *** who had too much pride to put in an application and bring back a job just made this poor woman afraid to shift to her job. Best defense? You are an asshole. Source(s): I'm a lawyer. It's not my chore to get them off, it's my living to give them the best defence I can. If you're an *** later you are an ***.
The only affirmative defense to armed robbery is duress. All criminal statues have affirmative defenses that own been recognized surrounded by past cases, as affirmative defenses, recognized by a court, and passed on lawfully by the concept of starre decises (let the decision stand). Having said that, the only situation I could see that would merit a defense, would be a crust in which someone convinces you that you will be killed or your line members would be killed, if you disallow to commit the robbery. This would be a hard defense to prove without evidence of the duress, such as witnesses that can attest to the duress you be under. I am not even sure there have been one case all the same, in which a person be successful at proving duress. There is no other viable defense that I can think of. It is not a defense that your were poor, or surrounded by desperate need of money. This comes down to a decision to accomplishment or not act, and the one defense I provided, could easily be challenge by the prosecutor, by proving that the actor had the proficiency to contact police for help before committing the robbery. Source(s): Bachelor of Science within Para Legal studies
The best defense would be something like "I'm insane", "It's wasn't me" or "Someone put a gun on my boss and made me do it." Besides those all other claims MIGHT be taken in consideration to establish how severe or lenient would be the punishment, but they wouldn't be enough to go and get the charges dropped.
It's true that there is a legal defense call "State of Necessity" but you would need to prove an EXTREME situation were you enjoy absolutely no other alternative than breaking the law.
For example:
You be in the desert for three days, no water, no food, within the middle of the desert you find a guy selling water, you have no money, the guy shun to help you, give you credit or any features of deal, he just want dosh, you know that's a death sentence for you, by law (in theory) you could exterminate the guy, steal the water, and claim "State of Necessity" and not go to lock away; but again: you would need to prove you tried all the permitted options before taking the drastic step of massacre the guy, and still there is the possibility of the DA and jury no buying your story.
Now back to your example, the armed robber would enjoy a very hard time proving "State of Necessity" because he have many other options similar to charity, salvation army, food stamps, family & friends, the local church, and abundant other option that are available for people that "really" are contained by serious need of help.
The best criminal defense for armed robbery if you know you did it and the evidence shows you did it is to make a plea deal. There is no defense for armed robbery beyond why you are innocent and you can't read out financial hardship or providing for the family... otherwise everyone would use that excuse and receive away with it.
Figuring out if the person did the robbery or not
answer mine?
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Answers:
If you intentionally and intentionally committed armed robbery, I don't think any jurisdiction would have an affirmative defense. However, poverty might be taken into consideration surrounded by sentencing.
Normal law abiding citizens that have to nurture their children and wife go get a available job. They don't walk into a store and terrorize an Innocent clerk, who is also there working a duty to feed her kids. I have no sympothy for him. Financial poverty? Really? This *** who had too much pride to put in an application and bring back a job just made this poor woman afraid to shift to her job. Best defense? You are an asshole. Source(s): I'm a lawyer. It's not my chore to get them off, it's my living to give them the best defence I can. If you're an *** later you are an ***.
The only affirmative defense to armed robbery is duress. All criminal statues have affirmative defenses that own been recognized surrounded by past cases, as affirmative defenses, recognized by a court, and passed on lawfully by the concept of starre decises (let the decision stand). Having said that, the only situation I could see that would merit a defense, would be a crust in which someone convinces you that you will be killed or your line members would be killed, if you disallow to commit the robbery. This would be a hard defense to prove without evidence of the duress, such as witnesses that can attest to the duress you be under. I am not even sure there have been one case all the same, in which a person be successful at proving duress. There is no other viable defense that I can think of. It is not a defense that your were poor, or surrounded by desperate need of money. This comes down to a decision to accomplishment or not act, and the one defense I provided, could easily be challenge by the prosecutor, by proving that the actor had the proficiency to contact police for help before committing the robbery. Source(s): Bachelor of Science within Para Legal studies
The best defense would be something like "I'm insane", "It's wasn't me" or "Someone put a gun on my boss and made me do it." Besides those all other claims MIGHT be taken in consideration to establish how severe or lenient would be the punishment, but they wouldn't be enough to go and get the charges dropped.
It's true that there is a legal defense call "State of Necessity" but you would need to prove an EXTREME situation were you enjoy absolutely no other alternative than breaking the law.
For example:
You be in the desert for three days, no water, no food, within the middle of the desert you find a guy selling water, you have no money, the guy shun to help you, give you credit or any features of deal, he just want dosh, you know that's a death sentence for you, by law (in theory) you could exterminate the guy, steal the water, and claim "State of Necessity" and not go to lock away; but again: you would need to prove you tried all the permitted options before taking the drastic step of massacre the guy, and still there is the possibility of the DA and jury no buying your story.
Now back to your example, the armed robber would enjoy a very hard time proving "State of Necessity" because he have many other options similar to charity, salvation army, food stamps, family & friends, the local church, and abundant other option that are available for people that "really" are contained by serious need of help.
The best criminal defense for armed robbery if you know you did it and the evidence shows you did it is to make a plea deal. There is no defense for armed robbery beyond why you are innocent and you can't read out financial hardship or providing for the family... otherwise everyone would use that excuse and receive away with it.
Figuring out if the person did the robbery or not
answer mine?
http://answers.yahoo.com/question/index;…
Related Questions: