Philadelphia Defense Lawyer for Robbery and Theft Charges
If you’re arrested on any kind of criminal robbery charges, call Mark D. Hauser (267-258-4330), Philadelphia’s finest criminal defense attorney. Hauser and his dedicated staff will protect your rights and champion your cause from arraignment through the gavel’s fall on your “not guilty” verdict.
According to Pennsylvania law, a person is guilty of robbery if, in the course of committing a theft, he: (i) inflicts serious bodily injury upon another; (ii) threatens another with or intentionally puts him in fear of immediate serious bodily injury; (iii) commits or threatens immediately to commit any felony of the first or second degree; (iv) inflicts bodily injury upon another or threatens another with or intentionally puts him in fear of immediate bodily injury; or (v) physically takes or removes property from the person of another by force however slight.
The difference between theft and robbery
If a masked bandit asks politely, “May I please have all your money?” and waits patiently for his victim to empty her wallet, police will charge him with theft. If, on the other hand, the same masked bandit gets more aggressive, pulling-out a gun and demanding, “Gimme all your money or I’ll shoot!” and then waits impatiently, menacingly while his victim empties her purse, officers will charge him with robbery, a considerably more heinous crime. Although both scenarios develop under the same circumstances and with the same intent, the threat of violence makes a critical difference in the seriousness of the charges against the bandit. The bandit’s use of a gun to reinforce his threat further aggravates the his crime. If the bandit has accomplices, they may be charged as participants in a criminal conspiracy even if they just waited in the get-away car while the deed went down.
In other words, simple theft escalates to robbery when the thief threatens violence or intimidates his victim.
Common robbery defenses
If you have been charged with robbery, you need well-trained, courtroom-tested, high-powered legal counsel. Although the most common robbery defenses seem like plot elements in an episode of “Law & Order,” each and all of them demand careful analysis of the prosecution’s evidence, independent investigation of the crime, and command of both the Constitution and Pennsylvania statutes. Mark Hauser, an elite Philadelphia robbery defense attorney, uses his encyclopedic knowledge and sophisticated tactics to…
• demonstrate the prosecution has insufficient evidence to make its case. Recent studies by legal scholars have demonstrated how popular crime dramas, especially CBS’s “CSI” franchise has lowered the threshold of reasonable doubt. In addition to demanding coherent explanation of the crime from the complaining witness, judges and juries expect the prosecution to offer compelling forensic evidence and expert testimony. Preliminary hearing judges often dismiss cases on the premise, “No science, no case.”
• provide compelling alibi evidence. A defendant cannot be robbing Jane Doe on South State Street in Millville if he is vacationing with his family in Orlando. Airline tickets and hotel receipts win dismissal of the charges. So do charge card receipts, surveillance tapes, work records and credible eyewitness testimony.
• challenge police procedures in their interrogation and arrest. If police had no probable cause for detaining the alleged robber, a skilled attorney can win dismissal of the charges. Similarly, if police held a defendant in custody without advising him of his rights or without reasonable cause for prolonged detainment, an attorney can win dismissal on Fifth or Sixth Amendment grounds. In the most extreme cases, proof of police brutality invalidates defendants’ confessions because police coerced them.
• impeach critical eyewitness testimony. If the victim identified the defendant in a photo array but not in a line-up, or if the victim identified the suspect in a drive-by identification while police held him, those faulty identifications may not win dismissal, but they certainly create reasonable doubt. Critical details of the crime also may establish doubt about the defendant’s responsibility: A suspect’s accent, build, clothing, or identifying marks may contradict the victim’s statements about what happened.
• develop alternative theories of the crime. Several recent law review articles have explained how exceptionally skilled defense attorneys can win acquittals by establishing alternative explanations of the crime. In several cases, the attorneys relied purely on logic; they offered no evidence or testimony, yet they created enough doubt in jurors’ minds that they found defendants not guilty.
Philadelphia’s finest criminal defense attorney.
Contact Mark Hauser today to have one of the best attorneys work on your robbery case or call 267-258-4330.