Armed Robbery While Masked
Brockton / Greater Boston Area Felony Crimes, Armed Robbery Criminal Defense Attorneys
Armed robbery while masked is an extremely serious crime, a conviction for which carries a mandatory minimum sentence in state prison for 15 years.
If you have been charged with any type of theft, robbery, or burglary related crime, the criminal defense lawyers of The Law Offices of Gerald J. Noonan may be able to plead down your case with the district attorney, or have the charges dismissed pending a period of probation. Restitution of the value of any stolen or damaged property will also go a long way toward having a conviction erased from your record, or not entered there in the first place. To schedule a free initial consultation with an experienced and caring attorney, call our Brockton, MA law offices at (508) 588-0422, or use our email form to contact us.
Getting A Conviction For Armed Robbery
In order for a defendant to be found guilty of armed robbery while masked, the Prosecutor must prove the following elements beyond a reasonable doubt:
- The defendant was armed with a dangerous weapon;
- The defendant used physical violence on the victim, or put the victim in fear of being hurt by physical violence (threats of violence are sufficient);
- The defendant stole property that was in the victim’s possession (in the victim’s pockets, jacket or person) or under the victim’s control (within victim’s reach);
- The defendant committed the armed robbery while masked or disguised
Broadly speaking, in the state of Massachusetts, a person can be charged with armed robbery if he was armed with a dangerous weapon while assaulting another person and robbing another person (on the street, in a store, at home, etc.) It is not necessary to have used, or even displayed, the weapon in question, but there does have to be an implicit threat of force.
Definition of Dangerous Weapon
The definition of “dangerous weapon” can be very liberal and is not limited to knives and guns, but also may include items used to threaten or harm someone during a robbery including a tire iron, baseball bat, brass knuckles, etc.
A dangerous weapon is not only any object that is capable of causing serious bodily injury or death, but it is also any object that a reasonable person would believe is capable of causing serious bodily injury or death. So a toy gun could be considered a dangerous weapon if the victim believed it was real because any object perceived by a reasonable person as capable of causing serious bodily injury or death meets the definition.
Unless the perpetrator has been caught red-handed by the police in the act of robbing a store or another person—or, as is increasingly common, a video camera has captured the crime on tape–most armed robbery cases hinge on eyewitness testimony and, to a lesser degree, on forensic evidence. This can give an experienced lawyer a good amount of leeway to secure the best outcome for your case: eyewitness testimony can be notoriously unreliable, for example, and police crime labs have to follow certain procedures so as not to taint the evidence. Even the recovery of the weapon involved carries its own procedural pitfalls, which can lead to the suppression of critical evidence if police investigators make a crucial mistake.
Charged with Armed Robbery While Wearing A Mask? Our Felony Crimes Defense Attorneys Can Help.
Our knowledgeable and experienced Boston area armed robbery criminal defense law attorneys are available to assist clients throughout all of Southeast Massachusetts, including Plymouth County including Brockton, Abington, Bridgewater, Whitman, Hanson, Hingham, Wareham, Halifax, Middleborough, Rockland, Lakeville, Holbrook, Avon, Kingston, Pembroke, Plympton, Pembroke, Hanover, Carver, Duxbury, Marshfield, Norwell, Hanover, Scituate, East/West Bridgewater, Rochester, Marion, Mattapoisett;
No matter where you are located, we are just a phone call away. Call The Armed Robbery While Masked Attorneys at The Law Offices of Gerald J. Noonan today to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.