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December 18, 2020

Questions to Ask Your Lawyer When Arrested for Aggravated Robbery

woman being robbed at gunpoint in a garage while at her car

Being arrested for the first time, no matter the alleged crime, is frightening. Suddenly, you’re pulled from your residence to be questioned and lambasted by police and ultimately brought to a jail cell.

For those charged with aggravated robbery, it’s important to know that this is a serious offense with lengthy sentences. Below is an overview of what this charge is, what it means to you and your loved ones, and what questions you need to ask your lawyer.

Have you been charged with aggravated robbery in Henderson, NV?
Contact the John F. Marchiano Law Corporation today to speak with a robbery defense lawyer.

What Is Aggravated Robbery?

Aggravated robbery (also called armed robbery) is a more severe type of robbery, whereby “aggravated” properties are present. These aggravators can include the use of a weapon, the crime being done in front of a child, or injury to the victim.

The state of Nevada defines robbery as the unlawful taking of someone else’s belongings in their presence. This act is done through force, violence, or threats of violence or injury. These conditions can be directed to the victim, the victim’s family, or any other person at the scene of the robbery. 

It is crucial to note that Nevada differentiates robbery from burglary and larceny. Burglary is defined as the entering of a building or motorized vehicle with the intent to commit a crime inside. While burglaries often involve theft, the crime is committed with threats, force, or in the presence of other people.  Larceny is defined as the taking of someone else’s property without the use of force, threats, or violence. 

In Nevada, robbery is a category B felony that carries a prison sentence of two to 15 years. The sentence may be suspended or the judge may grant probation. As for armed robbery, the sentencing depends on multiple factors. If the presence of a deadly weapon is found, the sentence can be extended another one to 15 years. A deadly weapon includes firearms, knives, pipes, broken glass, bricks, and explosives. 

Aggravated robbery is robbery committed using force, threats, or a deadly weapon. The additional, extended sentence of the use or presence of a deadly weapon cannot run concurrently with the underlying sentence. Probation for aggravated robbery is very limited and the offense carries a $10,000 fine.

When determining the length of the additional aggravated robbery sentence, the judge will examine the following five factors:

  1. The criminal history of the defendant
  2. The facts, context, and circumstances of the case
  3. The impact of the robbery on the victim(s)
  4. Any factors, such as a rough childhood, that makes the defendant less culpable
  5. Any relevant additional information

Questions to Ask Your Lawyer

Working with an experienced criminal defense attorney is your best option when arrested for an armed robbery charge, whether you’re innocent or not. If this is the first time you’ve ever been formally charged with a crime, you may not know which questions your lawyer. Here are some questions you will want to ask: 

What is Your Honest Opinion of My Case?

This question is a great one to ask at the beginning of your case. It is essentially asking your lawyer how valid your case is and whether it is worth fighting in court. Your criminal defense attorney will know whether your case is winnable or if the fines and sentencing can be reduced. 

What Can Reduce My Sentence?

There are defenses your lawyer can use in court to reduce your aggravated robbery sentencing. These defenses are listed below. Your defense attorney will determine which of these defenses will most likely reduce your sentence. 

What Defense Should We Take?

There are several common defenses you can use to argue your case and potentially drop your aggravated robbery charge. Your lawyer will be able to provide you with the best defense that has the greatest ability to get your case dismissed or the sentence reduced. 

Should I Plead Guilty or Go to Trial?

If there is clear evidence of aggravated robbery using the five factors listed above, it may not be worth the time, energy, and legal fees to contest the charge. If your Nevada defense attorney believes there is a probability of a reduced sentence or receiving probation, it may be worthwhile to go to trial.

What Fees Will I Have to Pay Your Firm for My Defense?

Different law firms will have different fees and payment expectations. Some will waive legal fees if the case is lost and expect a cut of the legal fees should the case be successful. You should hire a law firm that fits your budget and offers a payment schedule that works best for you. This question is a good gauge of how confident a law firm is in winning your case.

Can the Record Be Sealed?

In Nevada, a robbery conviction will remain on one’s criminal record for 10 years. After that time, it can be sealed. 

Aggravated Robbery Defenses

If you’ve been arrested for aggravated robbery, there are defenses your lawyer can use to reduce or dismiss your charges. The most common defenses are: 

  1. Defendant misidentification
  2. No evidence or proof of force or threats of injury
  3. Nothing was taken by the defendant nor did the defendant attempt to take anything
  4. Any evidence of police misconduct, such as an illegal search (this evidence will be thrown out in court)
  5. A strong alibi
  6. Insufficient evidence
  7. The defendant committed the crime against their will

Important Tips if You’ve Been Arrested for Aggravated Robbery

If you’ve been arrested for armed robbery, it is important that you refrain from saying or doing anything that would likely incriminate you. Here are some tips:

  • Don’t say anything to the police without first consulting a lawyer 
  • Don’t admit guilt to anyone (not even to your jail cellmate)
  • Cooperate with authorities and be respectful
  • Be in constant contact with your lawyer
  • Don’t make any rash decisions or threats

Choose John F. Marchiano Law Corp. to Fight For You

Being arrested for armed robbery is an unpleasant and scary experience that can have financial, physical, and mental repercussions. It is important to consult an experienced Nevada criminal defense attorney to work on your case. John F. Marchiano Law has been helping people arrested for aggravated robbery for many years and has successfully reduced fines and sentences. If you or anyone you know has been charged with robbery, contact John F. Marchiano Law today and start the fight for your freedom.