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Is it possible to beat a robbery charge? With the right lawyer, it can be.
Whether or not you can walk away from robbery charged without a conviction depends on many factors. One of those factors is calling an experienced robbery lawyer as soon as possible. Michael Fayard is here to listen to your story and ask the right questions. He’ll get to the bottom of what happened and why you’re dealing with charges now.
Based on his assessment of your case, he’ll talk with you about your rights and options. His first approach might be to fight to get the robbery charges dropped or dismissed. If that isn’t possible, your next options might be negotiating a plea or planning for trial. Whatever the plan, you can trust he’s fighting for the best possible outcome.
To talk with Michael Fayard about a robbery investigation or charge, use the online form or call 808-445-6708. We’ll set up a free initial consultation.
The Benefits of Hiring Criminal Defense Lawyer Michael Fayard
When you hire a lawyer, you have someone to investigate your case. Attorney Fayard will gather as much evidence as possible about what happened. To do his job and do it well, he wants all the facts. By knowing the details, big and small, he can recognize the weaknesses in the prosecutor’s case.
It’s the prosecutor’s burden to prove you committed robbery or attempted robbery beyond a reasonable doubt. It’s your defense attorney’s job to make that as hard as possible. A prosecutor should never have an easy time. They should be questioned and challenged. Michael Fayard should know—he was a prosecutor in two different states!
His time on the other side of the courtroom gives him insight into how to defend robbery cases. He knows how to attack individual elements of the case, creating doubt that you’re the guilty party. But that’s if he has to take your case to trial. Many cases don’t even go to trial because Michael Fayard gets the case dropped or dismissed. Or, in some circumstances, he gets his client a favorable plea deal. When that fails, he has the jury trial experience, and results to get you the best possible outcome in a trial.
When Michael Fayard handles your case, he’ll give you all the options and possibilities. While he’ll explain everything that could happen, he’ll also explain how he’ll fight for the best possible outcome in your case—whether that is filing motions, aggressively negotiating a plea deal, or fighting your case all the way through jury verdict. He has you covered.
What Is Robbery?
The short answer is that robbery is taking property from another person, whether it’s their car or wallet, without permission and through the use of threats or violence.
Robbery in the First Degree
First-degree robbery consists of committing theft or taking another person’s vehicle while also:
- Attempting to kill or intentionally or knowingly inflicting or attempting to inflict serious bodily injury;
- Being armed with a dangerous instrument or a simulated firearm and using force to overcome a person’ resistance or threatening imminent use of force;
- Using force during a declared state of emergency; or
- Threatening imminent use of force to get someone to comply with you during a declared state of emergency.
You might also hear this called armed robbery or aggravated robbery, depending on the circumstances.
What’s a dangerous instrument?
A dangerous instrument means a firearm, whether or not it’s loaded or operable. It also means any other weapon, device, instrument, or substance that can be used to threaten someone and is capable of causing death or serious bodily injury.
What’s a simulated firearm?
A simulated firearm is an object that looks like a real gun, can reasonably be mistaken for a gun, or is used or brandished like a gun.
Robbery in the Second Degree
Second-degree robbery is a slightly less serious offense than robbery in the first degree.
You can be charged with this robbery offense if you steal another person’s property and:
- Use force against anyone present with the intent to overcome their physical resistance;
- Threaten to use imminent force against anyone present to compel their compliance; or
- Recklessly inflict serious bodily injury on another person.
Though it’s technically a lesser charge, you should take it just as seriously. It’s still a felony offense. Whether you’ve been charged or are currently under investigation, the best way to handle it is to call a robbery attorney as soon as possible. Attorney Fayard knows how to gather and review the evidence and determine the most effective defense strategy.
Under Hawaii law, an attempt to commit a crime is charged as the same class and grade as the most serious crime you tried to commit. That means you aren’t off the hook if your attempt to commit robbery failed. You could still be charged with a Class A or Class B felony.
$1,550,000 Plaintiff’s Verdict
Michael was co-counsel representing a maritime worker that was injured when a negligent employee struck him in the head with a bell hammer attached to a crane. Pre-trial offer was $0.00.
$1,200,000.00 Plaintiff’s Verdict
SR v. TS, et al. – I represented an elderly client that was the injured and was the victim of fraud and theft by thieves using a forged power of attorney and forged deed. Pre-trial offer was $2,500.00.
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A Basic Element of Robbery
For the prosecutor to bring robbery charges against you, they have to be able to prove your actions occurred in the course of committing a theft or non-consensual taking of a motor vehicle. This includes in the moments leading up, during, and after the theft or taking.
If you think the State’s case doesn’t fulfill this element, talk with Michael Fayard today. It might be that the prosecutor doesn’t have enough evidence to prove every element of a robbery charge, or it could be possible to get your charges reduced to a different, lower offense.
Consequences of a Robbery Conviction
You should be aware of the potential sentence if you’re convicted of robbery in the first or second degree.
- Robbery in the first degree is a Class A felony, punishable by up to 20 years in prison and fines up to $50,000.
- Robbery in the second degree is a Class B felony, punishable by up to 10 years in prison and fines up to $25,000.
Not only will you have to contend with a permanent felony on your record, but you have to think of the cost and time from your life that you will be spending incarcerated. A felony on your record has many negative impacts, such as your ability to get an education, gain professional licensure, and build a career, and those are considerations to face after you spend time in prison. Every background check will bring it, and it can make you appear untrustworthy or dangerous. The best way to avoid these collateral consequences is not to be convicted in the first place. That takes working with an experienced and aggressive robbery lawyer like Michael Fayard.
He is relentless to ensure his clients are well taken care of.”
- Cliff T
Defending Against Robbery
It’s possible to defend against felony robbery or attempted robbery charges. Some possible defenses include:
- Mistake of Identity: You might not be the right culprit. Your attorney can work to establish your alibi and show someone else committed the crime.
- Lack of Theft or Unlawful Taking: The prosecutor might be seeking charges that are harsher than you deserve. If Michael Fayard can show you didn’t steal anything and you weren’t trying to, he might get the charges dropped or reduced. For example, if you got into a scuffle, you might face misdemeanor assault charges instead.
- Insufficient Evidence: Attorney Fayard might point out that the prosecutor lacks enough evidence to prove each element of the crime beyond a reasonable doubt.
- Duress/Coercion: Were you forced to commit the crime? If someone else forced you to commit robbery through threats, violence, or manipulation, tell your attorney right away.
Call Michael Fayard for Help
There are two things you need to know. First, charges do not equal a conviction. Second, you can and should have a robbery lawyer. The best way to fight a robbery conviction is to work with a compassionate, experienced, and tenacious lawyer like Michael Fayard. He treats each of his clients with respect and fights for the best possible outcomes in their cases.
To talk with Michael Fayard about your situation, use the online form or call 808-445-6708. You can set up a free initial consultation right away.
Ready to Talk to Michael?
It’s easy to feel overwhelmed, but charges on O’ahu are not convictions, and there’s a lot an experienced criminal defense lawyer can do if you or a loved one are arrested. Honolulu attorney Michael Fayard is here to put your mind at ease and help put charges in the past.
We offer affordable, flat-fee representation and there is no charge for your initial consult or pressure to hire. It’s just a chance to talk with Michael. He’ll listen to what happened, tell you what to expect, and offer some options to consider.
Call (808) 445-6708Contact us online