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Defending Against Aggravated Robbery Charges
Expert Defense for Aggravated Robbery Accusations
At Youngstown Criminal Law Group, we craft specialized defense strategies for those accused of aggravated robbery in New Castle. Our primary goal is to help you await your trial from home, not from behind bars. A felony conviction can have life-altering consequences, and we are here to prevent that.
In Ohio, robbery offenses are categorized into two main types: the more serious ‘aggravated robbery’ and the standard ‘robbery’. While there are distinctions, both revolve around the act of theft—be it attempting, committing, or fleeing after the act. Both are considered serious felonies, but aggravated robbery carries significantly heavier penalties. If you are facing such allegations, it’s crucial to consult an experienced criminal lawyer right away.
It is vital to quickly seek advice from a skilled New Castle criminal lawyer if you’re facing these serious allegations. Our defense team has successfully managed numerous cases like yours. Contacting our New Castle office will provide you with a complimentary, no-obligation evaluation of your legal circumstances.
Youngstown Criminal Law Group Is Ready to Defend You
Our founder, New Castle criminal lawyer Sean Logue, is recognized as one of the leading defense attorneys in Ohio. He understands the complexities of the criminal justice system firsthand, an insight gained from a personal experience with an unjust arrest and police brutality in his youth. For those needing a strong defense against aggravated robbery charges, we provide a free initial consultation. Call Youngstown Criminal Law Group at (330) 992-3036 to start building your defense strategy with a dedicated New Castle DUI lawyer.
Understanding Theft Crimes in Ohio
In Ohio, the law forbids taking control of someone else’s property through deceit, force, or without permission. The Ohio Consolidated Statutes, particularly within Titles 18 (Crimes and Offenses), detail various theft offenses. Generally, theft involves unlawfully taking another person’s property in several ways:
- Without the owner’s consent
- By exceeding the permission granted
- Through deception or trickery
- By means of threats
- Through coercion
Theft offenses can include a wide range of actions, such as:
- Entering restricted or secured areas without authorization
- Committing burglary
- Using a credit or debit card without permission
- Stealing internet services
- Illegally downloading media content
- Tampering with vending machines
Burglary vs. Other Theft Crimes
According to Ohio law, burglary involves illegally entering a building or occupied structure with the intent to commit a crime inside. The key elements are the unlawful entry and the intent to commit a crime, which doesn’t necessarily have to be theft.
Value of Stolen Property and Corresponding Penalties
| Value of Stolen Property | Charge | Penalty |
| Up to $500 | First-degree misdemeanor | Up to six months in prison and a $1,000 fine. |
| $1,000 or more but less than $7,500; OR the property is a negotiable instrument like a credit card, debit card, or check; OR the property is a vehicle license plate or a blank driver’s license. | Fifth-degree felony | Six to twelve months in prison and a $2,500 fine. |
| $7,500 to $150,000; OR the property is a motor vehicle OR a controlled substance. | Fourth-degree felony (often called grand theft) | Six to eighteen months in prison and a $5,000 fine. |
| $150,000 or more but less than $750,000; OR a firearm; OR anhydrous ammonia; OR a police animal or service animal. | Third-degree felony (aggravated theft) | One to five years in prison and a $10,000 fine. |
| $750,000 to $1.5 million. | Second-degree felony (aggravated theft) | Two to eight years in prison and a $15,000 fine. |
| More than $1.5 million. | First-degree felony | Three to eleven years in prison and a $20,000 fine. |
A knowledgeable New Castle criminal lawyer can help you navigate these complex sentencing guidelines.
Understanding Ohio’s Robbery Laws
The legal definitions and consequences of robbery in Ohio can be confusing. Here is a simplified breakdown of what robbery involves according to state laws.
What Constitutes Robbery?
Robbery is more than just simple theft. An act becomes robbery in Ohio when, in the course of committing a theft, a person:
- Inflicts serious bodily injury upon another;
- Threatens another with or intentionally puts them in fear of immediate serious bodily injury;
- Commits or threatens to immediately commit any felony of the first or second degree.
When Does Robbery Become Aggravated?
A robbery charge is elevated to aggravated robbery when the act is committed with a deadly weapon. This includes situations where the thief:
- Possesses a deadly weapon and brandishes, indicates possession of, or uses it;
- Controls or possesses dangerous ordnance (such as military-grade weapons);
- Causes or attempts to cause serious physical harm to another person.
Aggravated robbery is one of the most serious theft-related crimes in Ohio, frequently resulting in lengthy prison sentences. A New Castle DUI lawyer can provide essential guidance if your case involves related charges.
Potential Penalties You Could Face
The sentence for a theft crime can vary significantly based on several factors:
- The value of the stolen property: This is a primary determinant of whether the charge is a misdemeanor or a felony.
- Previous criminal record: Past arrests or convictions can lead to harsher sentencing.
- Additional crimes committed: If other offenses occurred during the theft, penalties can increase.
- Attempts to evade arrest: Fleeing from law enforcement can add to the charges.
It is essential to speak with a skilled defense attorney from a New Castle criminal lawyer group to understand how these elements might affect your specific case.
The Long-Term Consequences of an Aggravated Robbery Conviction
Beyond imprisonment and fines, a conviction for aggravated robbery can result in the loss of important civil liberties. These can include losing the right to:
- Own or possess firearms
- Vote in elections
- Hold public office
- Serve on a jury
- Be eligible for certain professional licenses and jobs
- Receive federal student aid for education
A conviction can also negatively affect child custody arrangements and your immigration status. Remember, an experienced New Castle DUI lawyer can often negotiate to have charges reduced or even dismissed. While no outcome can be guaranteed, a robust defense is absolutely critical.
Evidence Used in Aggravated Robbery Cases
The prosecution has the burden of proving your guilt beyond a reasonable doubt. They must demonstrate that:
- Property was taken from a person or their immediate presence.
- The taking was accomplished through force, threat, or intimidation.
- The intent was to permanently deprive the owner of their property.
Evidence that may be used against you includes:
- Eyewitness testimony and video surveillance footage
- Physical traces like fingerprints or footprints
- Clothing fibers
- Biological evidence, such as blood or hair
- Testimony from arresting officers and forensic specialists
- GPS and location tracking data
Facing these charges is intimidating, but with a strong defense strategy from a New Castle criminal lawyer, it’s possible to challenge or have evidence dismissed.
Defenses Against an Aggravated Robbery Charge
When you partner with the Youngstown Criminal Law Group, a New Castle DUI lawyer will conduct a thorough review of your case. We examine every detail, from the moment you were detained to the evidence and witnesses the prosecution plans to use. With our extensive knowledge of police procedures, evidence rules, and a long history in criminal defense, we are equipped to weaken or dismantle the accusations against you.
Every case is unique and requires a customized defense. Here are some strategies our team might use:
Improper Search and Seizure
If your Fourth Amendment rights were violated due to an improper search, our New Castle DUI lawyers will file a motion to suppress any evidence obtained illegally. Violations can include:
- Searching your person, home, or vehicle without a valid warrant
- Exceeding the scope of a search warrant
- Executing a search warrant without probable cause
Unreliable Witness Testimony
New Castle DUI lawyers understand that memories can be unreliable and influenced by many factors. We will challenge witness credibility by highlighting issues such as:
- Poor eyesight or hearing that could have distorted their perception
- Mental health challenges or memory problems
- Undue pressure or coaching from the prosecution
Inadmissible or Contaminated Evidence
Evidence must adhere to a strict chain of custody to be valid in court. Our New Castle criminal lawyers will meticulously examine the prosecution’s evidence to create doubt about its integrity, arguing that it may have been tampered with, damaged, or mishandled. For example, we could provide an innocent explanation for a fingerprint at the scene, such as you having been there legitimately at an earlier time.
Challenging the Element of Intent
The prosecution must prove you deliberately intended to commit a theft and permanently deprive someone of their property. Our defense could create doubt about your intent regarding the alleged theft’s permanence.
The Absence of Force or Threat
While some objects can be used as weapons, they may also be simple tools. This provides an opportunity to argue that no threat or force was used, potentially reducing an aggravated robbery charge to a lesser offense.
Presenting an Alternative Suspect
New Castle DUI lawyers explore every possibility, which includes identifying another individual who may have had a motive to commit the crime. This defense is strengthened by providing a solid alibi for your whereabouts at the time of the offense, supported by tangible evidence like receipts or digital records.
Our track record at Youngstown Criminal Law Group demonstrates our commitment to defending individuals against aggravated robbery and other serious charges. A New Castle criminal lawyer from our team will fight for you.
A Resource Guide for Aggravated Robbery Defense in Ohio
- The U.S. Attorney’s Office for Ohio: Find information on the federal body overseeing cases and community safety initiatives across the state.
- Felony Sentencing in Ohio: Access a clear guide on felony sentencing, detailing potential penalties like imprisonment and fines.
- Rights for Ohio’s Crime Victims: Understand the legal rights and compensation available to victims, including privacy protections and courtroom access.
- Identity Theft Legislation: Learn how state and federal laws, including Ohio’s, address the serious crime of identity theft.
- Elder Abuse and Financial Exploitation Statutes: Seniors receive special protections. This resource details how robbery against the elderly is prosecuted.
In any legal situation, being informed is your best defense. With Youngstown Criminal Law Group, you’ll have the knowledge and support needed to face your charges confidently.
Frequently Asked Questions About Aggravated Robbery in New Castle
Can an aggravated robbery charge be reduced to a lesser offense?
Yes, it’s possible. Negotiating a plea bargain with the prosecution is a common strategy. By pleading guilty to a reduced charge, such as trespassing or simple theft, you may be able to avoid the harshest penalties or a long prison sentence.
What is the typical sentence for aggravated robbery?
Sentences for aggravated robbery in Ohio vary based on the specifics of the crime, including whether a deadly weapon was used and the extent of harm caused. As a first-degree felony, it can carry a sentence of up to 20 years in prison.
Can intoxication be used as a defense in my aggravated robbery case?
Being under the influence of drugs or alcohol can sometimes be a factor in your defense. In certain circumstances, we can also advocate for drug or alcohol rehabilitation programs as an alternative to incarceration.
How can I improve my chances of being found not guilty?
An acquittal depends on creating reasonable doubt about your involvement in the crime. The more information you provide to your New Castle DUI lawyer, the more robust a defense we can build to increase your chances of a not guilty verdict.
Choose a Legal Advocate for Your Aggravated Robbery Case in New Castle, OH
If you hire our legal team, one of our New Castle criminal attorneys will work tirelessly to achieve the best possible outcome in your case. With an extensive record of handling numerous cases, the Youngstown Criminal Law Group is dedicated to defending your rights, clearing your name, and keeping you out of prison.
To schedule your free consultation, contact our team today at (330) 992-3036.