Robbery occurs when a person unlawfully takes another’s property using force, intimidation, or threats. In Louisiana, authorities categorize robbery as a felony and classify it as a violent crime due to the use or threat of force. Individuals convicted of robbery may face significant penalties, including lengthy prison sentences. Even a robbery with minimal force can escalate, if a weapon is involved, resulting in more severe repercussions.
If you or someone close to you is dealing with robbery charges in Baton Rouge, LA, having a knowledgeable and dedicated robbery defense lawyer is crucial. David E. Stanley, APLC, provides compassionate and vigorous legal representation for individuals dealing with robbery accusations. With extensive experience, he focuses on crafting a strong criminal defense strategy tailored to your unique situation. David E. Stanley will explore every possible avenue to help achieve a favorable outcome for your case: your future matters, and David E. Stanley is ready to advocate for your rights and freedom. Reach out to his office to discuss the charges you or your loved one are facing.
Don’t Navigate Robbery Charges Alone
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What You Need to Know about Robbery Cases in Louisiana
The Types of Robbery Cases in LA
Robberies are categorized as crimes of violence and are classified as felonies. If you are charged with robbery under Louisiana law, you could face prosecution for one of the following offenses:
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Louisiana Simple Robbery
Simple robbery occurs when a person takes anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon. This differs from burglary, which involves illegal entry. If found guilty, the punishment can include a fine of up to $3,000, imprisonment for up to seven years, or both.
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Louisiana Purse Snatching
Purse snatching is the theft of anything of value contained within a purse or wallet at the time of the theft, from the person of another or which is in the immediate control of another, by use of force, intimidation, or by snatching, but not armed with a dangerous weapon. If found guilty, the punishment can include imprisonment, with or without hard labor, for not less than two years and for not more than twenty years.
Louisiana First-Degree Robbery Charge
First-degree robbery occurs when a person takes anything of value belonging to another from the person of another, or that is in the immediate control of another, by use of force or intimidation, when the offender leads the victim to reasonably believe he is armed with a dangerous weapon. For instance, if someone demands money by leading the victim to believe that he is armed with a dangerous weapon while claiming they will shoot the victim, the victim may perceive the threat as credible. Anyone convicted faces a prison sentence ranging from three to forty years, without benefit of parole, probation or suspension of imposition or execution of sentence.
Louisiana Second Degree Robbery Charge
Second-degree robbery occurs in one of two ways:
(1) the taking of anything of value belonging to another from the person of another or that is in the immediate control of another when the offender intentionally inflicts serious bodily injury; or
(2) the taking of, or the recruiting of another person who takes, anything of value from a retail establishment that is in the immediate control of a retail employee or employer when a person acts in concert with three or more individuals for the purpose of either overwhelming the response of an employer, an employee, or law enforcement to carry out the offense, avoid detection or apprehension, or create a reasonable belief that a reasonable person would not intercede because of fear.
Sentences range from three to forty years in prison. Any person who commits second degree robbery with a firearm shall be imprisoned at hard labor for an additional period of five years without benefit of parole, probation, or suspension of sentence. This additional five year penalty shall be served consecutively to the sentence imposed for the second degree robbery offense.
Upon a second or subsequent conviction within ten years of a previous conviction, the offender shall be imprisoned at hard labor for not less than five years and not more than forty years.
Carjacking Charges in Louisiana
Carjacking refers to the intentional taking of a motor vehicle belonging to another person, in the presence of that person, or in the presence of a passenger, or any other person in lawful possession of the motor vehicle, by the use of force or intimidation. Stealing an unoccupied car is considered theft, not robbery.
The term of imprisonment at hard labor for carjacking ranges from not less than five years nor more than twenty years, without benefit of parole, probation, or suspension of sentence. However, if the carjacking results in serious bodily injury, the offender shall be imprisoned at hard labor for not less than twenty years nor more than thirty years, without benefit of parole, probation, or suspension of sentence.
Louisiana Armed Robbery and Attempted Armed Robbery
Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon. Using a weapon, such as a knife or a firearm, in a robbery can lead to a prison sentence ranging from ten to ninety-nine years, with an additional five years for the use of a firearm. If the robbery attempt is unsuccessful, the charge may shift to attempted armed robbery, resulting in a prison term of five to fifty years, with an extra five years for using a gun during the attempt.
Process in Robbery Cases
Arrest and Charges
After a robbery, law enforcement investigates and arrests the suspect if sufficient evidence is available. The district attorney then files formal charges.
Bail and Arraignment
After being taken into custody, the suspect may receive bail, allowing for a brief release before trial. During the arraignment, the accused hears the charges and can plead guilty, not guilty, or no contest.
Discovery and Pre-Trial Motions
During the discovery phase, the defense and prosecution actively share evidence. Both parties may file pre-trial motions to contest the admissibility of specific evidence or seek dismissal of charges.
Plea Bargaining
The prosecution and defense collaborate to negotiate plea agreements before the trial, allowing the defendant to admit to a lesser charge and receive a lighter sentence.
Trial and Sentencing
If the parties cannot reach a plea agreement, the case moves forward to trial. When the court finds the defendant guilty, it applies Louisiana’s sentencing guidelines, considering the offense’s seriousness and the defendant’s prior criminal record.
How a Robbery Lawyer Can Help
Case Evaluation
A robbery lawyer starts by thoroughly evaluating your case’s details, including evidence, witness statements, and police reports. This process helps identify weaknesses in the prosecution’s case and clarifies the charges you face.
Defense Strategy Development
Based on the case evaluation, the lawyer crafts a customized defense strategy. This approach may include questioning the arrest’s legality, challenging the evidence’s credibility, or presenting an alibi. The lawyer aims for a favorable resolution by seeking dismissal, reduced charges, or acquittal.
Negotiation with Prosecutors
A skilled robbery lawyer can negotiate with prosecutors for a favorable plea deal, resulting in reduced charges or lighter sentencing, minimizing trial risks.
Representation in Court
During your trial, your lawyer actively defends you in court, presenting arguments, cross-examining witnesses, and offering evidence to strengthen your case. Their knowledge helps you navigate the legal process while upholding your rights.
Choosing the Right Robbery Lawyer
Factors to Consider
If your case reaches trial, your lawyer will represent you in court, argue on your behalf, cross-examine witnesses, and present evidence that strengthens your defense. Their experience guides you through complex legal proceedings and championing your rights.
Questions to Ask
Engage potential lawyers in discussions about their experience with robbery cases, success rates, and strategies for your case. Discuss their fee structure and the possible outcomes you can anticipate.
Costs of Hiring a Robbery Lawyer
Fee Structures
Depending on the case’s complexity, Louisiana robbery attorneys may charge a fixed fee, a fixed minimum fee, or an hourly rate with a retainer. Understanding the fee structure before hiring is essential.
Factors Affecting Cost
The fees for hiring a robbery lawyer vary based on several factors, such as the lawyer’s experience, the complexity of your case, and whether it goes to trial. Lawyers with more experience or those focusing on robbery cases typically charge higher fees.
Importance of Cost-Benefit Analysis
While hiring a robbery lawyer can be expensive, consider the cost-benefit analysis. The potential consequences of a robbery conviction, such as imprisonment and a permanent criminal record, can far outweigh the cost of legal representation. Investing in a skilled lawyer can improve outcomes and protect you from more severe consequences.
Frequently Asked Questions
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Is Robbery a Felony in Louisiana?
In Louisiana, robbery is classified as a felony, defined as taking property from another person using force, intimidation, or threats. The specific charge can vary based on the circumstances. For instance, simple robbery, which does not involve a weapon, is considered a less severe offense but still carries significant penalties. Armed robbery involving a weapon is treated as a more serious crime, carrying mandatory prison sentences ranging from ten to ninety-nine years. Factors such as weapon use, injuries caused, and incident details influence the severity of the charge.
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What Are the Penalties for Robbery in Louisiana?
The penalties for robbery in Louisiana are severe and vary depending on the type of robbery committed. Simple robbery involving force but no weapon can result in up to seven years in prison. The mandatory sentence for armed robbery, which includes weapon use, is ten to ninety-nine years in prison without the possibility of parole, probation, or sentence suspension. Louisiana courts treat each case seriously, emphasizing the need for solid legal representation to navigate the severe consequences of a conviction.
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Can Robbery Charges Be Reduced or Dismissed in Louisiana?
In Louisiana, robbery charges can often be reduced or dismissed under specific circumstances. With strong legal representation, an attorney can effectively challenge the prosecution’s evidence, scrutinize the legality of the arrest, and highlight any procedural errors that may result in dismissal. Furthermore, if the evidence is weak or if mitigating factors exist, the defense attorney can negotiate with the prosecutor for a plea deal, which may result in reduced charges or a more lenient sentence. Since each case is unique, the chance for reduction or dismissal depends on the case’s individual details and the defense attorney’s proficiency.
Your Reputable Robbery Attorney in Baton Rouge, LA
David E. Stanley, APLC, is a respected attorney in Baton Rouge, LA, with experience defending clients against robbery charges. With a deep understanding of Louisiana’s criminal laws, David Stanley handles cases ranging from simple robbery to armed robbery with skill and precision. He conducts thorough case evaluations and develops robust defense strategies tailored to each client’s situation. Known for his strong negotiation skills and commanding courtroom presence, David Stanley fights aggressively to protect his client’s rights and secure favorable outcomes. His dedication and knowledge make him a trusted choice for those facing robbery charges in Louisiana.
Are You Looking for a Robbery Attorney in Baton Rouge, LA?
Call David E. Stanley, APLC, at (225) 926-0200 Today
David E. Stanley, APLC
1055 Laurel Street, Suite 2
Baton Rouge, LA 70802
225-926-0200
David Stanley is the founder and principal of David E. Stanley APLC. Since 1983, Mr. Stanley has successfully practiced law from his office in Baton Rouge, Louisiana.