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Aggravated robbery is one of the most serious criminal charges a person can face in Ohio. Defined under Ohio Revised Code 2911.01, this offense carries severe penalties, including lengthy prison sentences and a permanent felony record that can impact your life for years. Being charged with aggravated robbery is a daunting experience, but you have rights. It is vital to be aware of the potential defenses available to you. You can challenge the charges and work toward the best possible outcome with the right legal strategy and a skilled defense attorney.
What Is Aggravated Robbery Under Ohio Law?
Aggravated robbery is considered a first-degree felony in Ohio, making it one of the most serious theft-related crimes. According to Ohio Revised Code 2911.01, a person commits aggravated robbery if they:
- Have a deadly weapon on their person or under their control and display, brandish, or use it during the commission of a theft.
- Inflict or attempt to inflict serious physical harm on another person during or immediately after the theft.
- Use or threaten the immediate use of force during the theft.
Because of the violent nature of the crime and the use of weapons, those convicted of aggravated robbery face harsh penalties, including a prison sentence ranging from 3 to 11 years. In some cases, the prison term can be longer, especially if the robbery involves certain aggravating factors, such as causing life-threatening injuries or involving a law enforcement officer. On top of that, an aggravated robbery conviction will result in a permanent felony record, which can hinder your ability to find employment, secure housing, or access educational opportunities in the future.
Given these severe consequences, it’s crucial to take aggravated robbery charges seriously and begin preparing a strong defense immediately.
Elements of Aggravated Robbery
The prosecution must prove specific elements beyond a reasonable doubt to secure a conviction for aggravated robbery. These elements include:
- Theft or Attempted Theft: The underlying crime in an aggravated robbery charge is theft. This means that the defendant is accused of unlawfully taking or attempting to take property from another person with the intent to deprive them of it permanently.
- Use of a Deadly Weapon: A key factor that elevates robbery to aggravated robbery is the involvement of a deadly weapon. Such weapons can include guns, knives, or any object that could be used to cause serious harm. Even if the weapon was not used, merely displaying or threatening to use it is enough to meet this element.
- Infliction of Serious Harm: Another factor that makes a robbery “aggravated” is if the defendant caused or attempted to cause serious physical harm to another person during the crime. Such harms can range from non-fatal injuries to more life-threatening harm.
- Use of Force or Threats: Aggravated robbery often involves the use of force or threats of immediate harm to the victim. The prosecution must demonstrate that the defendant used threats or violence to complete or attempt the theft.
These elements form the foundation of an aggravated robbery charge, and the prosecution must prove each of them beyond a reasonable doubt. As a result, attacking the prosecution’s evidence on any of these points can weaken their case and strengthen your defense.
Possible Defenses to Aggravated Robbery Charges
Facing aggravated robbery charges does not automatically mean a conviction is inevitable. Depending on the facts of the case, several defenses may be available. A skilled criminal defense attorney can evaluate the evidence and help you build a strategy to challenge the charges. Here are some common defenses used in aggravated robbery cases:
Alibi
One of the most straightforward defenses is proving that the defendant was not at the crime scene. If the accused can provide credible evidence—such as witness testimony, video surveillance, or digital records—that they were somewhere else when the robbery occurred, this can cast doubt on the prosecution’s case.
Establishing an alibi requires careful evidence gathering and may involve presenting corroborating testimony from multiple sources. An alibi defense can result in an acquittal or dismissal of the charges.
Lack of Evidence
The prosecution bears the burden of proving every element of the crime beyond a reasonable doubt. If the evidence against you is weak or inconclusive, your attorney can argue that the prosecution has failed to meet this burden. This defense could involve challenging the reliability of forensic evidence, questioning inconsistencies in witness testimony, or pointing out gaps in the prosecution’s case.
For example, suppose no DNA, fingerprint, or physical evidence ties the defendant to the scene. In that case, it may be possible to argue that the prosecution has not provided sufficient proof to warrant a conviction.
Coercion or Duress
Another defense involves arguing that the defendant acted under coercion or duress, meaning they were forced to commit the robbery under the threat of harm from another person. To successfully raise this defense, the defendant must show that they were under immediate threat of serious harm or death if they did not participate in the crime.
However, this defense can be challenging to prove and requires substantial evidence showing that the coercion was genuine, and that the defendant had no reasonable opportunity to escape the situation.
Mistaken Identity
Many aggravated robbery cases rely on eyewitness identification, which can be unreliable due to factors like poor visibility, stress, or the passage of time. If the defendant was mistakenly identified as the perpetrator, an attorney can raise mistaken identity as a defense.
This defense may involve questioning the reliability of eyewitness testimony, highlighting inconsistencies in the victim’s description of the attacker, or presenting evidence that someone else committed the crime. Mistaken identity defenses often require expert testimony on the fallibility of eyewitness recollections.
Negotiating Lesser Charges
In some cases, the defense may negotiate a plea bargain to reduce the charges from aggravated robbery to lesser offenses like simple robbery or theft. While still serious, these charges carry lighter penalties than aggravated robbery and may offer the opportunity for a more favorable sentence, such as probation instead of prison time.
Whether to accept a plea bargain or go to trial is a decision that should be made after careful consultation with your attorney. They will weigh the strength of the evidence against you, the potential penalties, and your overall legal goals to determine the best course of action.
Building a Strong Defense Against Aggravated Robbery Charges in Ohio
Aggravated robbery charges are life-altering, but with the right defense, it is possible to challenge the allegations and seek a more favorable outcome. Whether asserting an alibi, challenging the evidence, or negotiating lesser charges, having an experienced criminal defense attorney by your side is essential.
Call Watson Kuhlman, LLC at 216-208-7858 for a free consultation if you or a loved one is facing aggravated robbery charges. Don’t face these charges alone—get the legal representation you need to protect your future.
