Massachusetts Robbery Defense Attorneys

In Massachusetts, the robbery statutes are found in General Laws Chapter 265, §17 and §19.  In general, the Commonwealth must prove, beyond a reasonable doubt that the defendant used the exertion of actual or constructive force against another with the intention of forcing that person to part with his or her property.

The penalties for unarmrd or armed robbery are harsh - imprisonment in the state prison for life or any term of years.  Some armed robbery convictions have mandatory minimums.

Armed robbery cases are identification cases.  In other words, the District Attorney's key evidence comes from an alleged victim or a witness viewing a photo array or a lineup.  As is in all identification cases, there are certain procedural safeguards that have been put in place by both the U.S. Supreme Court and the Supreme Judicial Court of Massachusetts to make sure the identification was not impermissibly suggestive, that the defendant received due process, and that his or her rights were preserved. 

Examining Identification Issues

Robbery cases present special challenges to prosecutors.  Most robberies happen after it gets dark at night, or very early in the morning.  If there are witnesses, they may be unclear as to what they have seen.  When people are robbed, they have a higher than normal level of anxiety.  They may have trouble identifying the person who robbed them with complete confidence; if there's any reasonable doubt, they'll mistakenly identify someone who was not the wrongdoer. 

Additionally, liquor stores, grocery stores, supermarkets, convenient stores, banks, and bank machine service centers use sophisticated video cameras and other surveillance equipment.  Surveillance camera evidence is often grainy and unclear. 

The criminal defense attorneys at our firm have experience as prosecutors, and our familiarity with the investigation of crime scenes, the location and examination of witnesses, and the review of police reports can help develop your strongest defense. When it comes to handling identification cases, we will file and argue motions to suppress identification evidence.  A successful motion to suppress identification may leave the Commonwealth with no case against you, forcing the prosecutor to dismiss the charges. 

Robbery Cases Often Involve Multiple Charges

Drug and narcotics charges often accompany drug store robbery charges, and an armed robbery charge may bring guns and weapons charges.  Since police must follow certain procedures when they conduct a search for a weapon, if law enforcement failed to abide by these procedures, our Motion to Suppress the evidence of a weapon could force the Commonwealth to reduce an armed robbery charge to either unarmed robbery or even larceny.  An even better result would be that we forced the prosecutor to dismiss the charges altogether. 

Discovery motions are critical for defending armed robbery cases.  Early on, it is important to preserve evidence that might be lost, such as tapes from surveillance cameras.  Our defense attorneys - always motivated to file meaningful motions - know that preserving evidence can make the difference between winning or losing a case.

Always Ask to Speak With Your Attorney

Police have their own set of rules that they must obey just like everybody else.  The 5^th Amendment "right to counsel" says that if you ask to speak with an attorney before or during questioning by police they "must break off questioning immediately."  That gives you an enormous amount of power over the officer or detective attempting to question you.  Don't get mad, angry, or frustrated - it will only make matters worse for you.  Instead, call our robbery attorneys at (800) 461-6900.  Make it clear that you do not wish to continue questioning, and that that they are to "break off questioning immediately."

Your Secret Weapon as a Criminal Defendant -
At Trial, You Get to Go Last

The most important procedural right for the defendant in a theft or robbery crime is that our side gets to go last.  The District Attorney's office has to put its entire case on before we have to present any evidence.  They have to disclose their entire case to us before trial.  And with a few exceptions, the defense has to tell them nothing.  If the Commonwealth doesn't meet their burden of proof, we can seek a Motion for Required Finding of Not Guilty before you even start presenting your side of the story.  Why tip the Commonwealth off - and give them the opportunity to mold their case to fit any weaknesses in your defense?  Our strategy is to let them hear it (for the first time) at the same time the jury or the judge hears it, and just before the case is submitted to the judge or jury for a verdict.

For a case evaluation, call (800) 461-6900 or contact us online.  We listen to what did and didn't happen, ask pertinent questions, and assess the potential strengths and weaknesses of the case against you.

Once retained, we'll obtain and review police reports, compile a list of all possible witnesses and statements concerning your case, possibly view the scene of the arrest or alleged crime, conduct a thorough background check of all potential witnesses and involved parties, look for discrediting and checkered pasts which may compromise their the witnesses' credibility, and evaluate the chain of events leading up to and resulting in your arrest.