What Are My Rights When Facing Robbery Charges?
In Colorado, if you are facing robbery charges, it’s crucial to understand your rights. The U.S. Constitution and Colorado law provide several protections for individuals accused of crimes, including robbery.
First, you have the right to remain silent. This is a fundamental right protected by the Fifth Amendment of the U.S. Constitution. You are not required to answer questions from the police without an attorney present. Anything you say can and will be used against you in court, so it’s often best to exercise this right until you have legal representation.
Second, you have the right to an attorney. If you cannot afford one, the court will appoint a public defender to represent you. However, it’s often beneficial to hire a private attorney who has more time and resources to devote to your case.
Third, you have the right to a fair and speedy trial. This means that you cannot be kept in jail indefinitely without being tried for the alleged crime. If you are not released on bail, the court must schedule your trial within a reasonable time frame.
Additionally, you have the right to be presumed innocent until proven guilty. This principle ensures that the burden of proof lies with the prosecution, which must establish your guilt beyond a reasonable doubt. You also have the right to confront and cross-examine all witnesses testifying against you and to present evidence in your defense. These rights are designed to ensure a fair trial process and to prevent wrongful convictions.
What Is the Process After Being Charged with Robbery?
After being charged with robbery in Colorado, you will typically go through several stages in the legal process. First, you will be arrested and booked into jail. During this process, the police will collect your fingerprints, take a photograph, and record your personal details.
Next, you will have an arraignment, which is your first court appearance. At the arraignment, the charges will be presented, and you will be required to plead guilty, not guilty, or no contest. You should have an attorney present at this stage to advise you on the best course of action.
If you enter a not guilty plea, your case will move to a pretrial conference. During this conference, your lawyer and the prosecutor will discuss the case and may negotiate a plea deal. If they cannot reach an agreement, the case will proceed to trial.
During the trial, the prosecutor must establish beyond a reasonable doubt that you committed the robbery. Your attorney will have the opportunity to present a defense, cross-examine the prosecution’s witnesses, and challenge their evidence.
If you are convicted, the next step is sentencing. The judge will evaluate various factors, such as the nature of the offense, your prior criminal record, and any mitigating or aggravating circumstances, before determining the sentence.
What Does Colorado Law Say About Robbery?
In Colorado, robbery is defined as knowingly taking anything of value from another person or in their presence, against their will, by using force, threats, or intimidation. This is a serious felony that may lead to severe consequences, such as incarceration and substantial fines.
Colorado law distinguishes between simple robbery and aggravated robbery. Simple robbery refers to the act mentioned earlier, whereas aggravated robbery includes the use of a deadly weapon or inflicting bodily harm on another individual during the robbery. Aggravated robbery is considered a more serious crime and carries harsher penalties.
Even an attempt to commit robbery can result in criminal charges. If you tried to rob someone but were unsuccessful, you could still be charged with attempted robbery, which is also a felony offense in Colorado.
What Are the Penalties for Robbery in Colorado?
In Colorado, the penalties for robbery are severe. If convicted of simple robbery, you could face a prison sentence of up to six years and fines up to $500,000. This is classified as a Class 4 felony in Colorado.
Aggravated robbery, on the other hand, is considered a Class 3 felony. If convicted, you could face a prison sentence of up to 12 years and fines up to $750,000. If a deadly weapon was used during the robbery, or if the victim was seriously injured, the penalties could be even more severe.
Besides imprisonment and fines, a robbery conviction can lead to enduring repercussions. It may negatively impact your chances of finding a job, securing housing, or obtaining specific professional licenses. Additionally, it can affect your immigration status if you are not a U.S. citizen.
How Can an Attorney Help in a Robbery Case?
Engaging a seasoned lawyer can greatly impact your robbery case. A lawyer can safeguard your rights, navigate the legal proceedings, and strive for the most favorable result for your circumstances.
A lawyer can clarify the charges you are facing and the possible penalties. They can outline the legal process, such as arraignments, bail hearings, plea deals, and trials. Additionally, they can help you grasp the potential repercussions of a conviction, including its effect on your criminal record and future job prospects.
An attorney can also explore potential defenses and develop a strategy for your case. They can gather evidence, interview witnesses, and challenge the prosecution’s evidence and arguments. They can negotiate with the prosecutor to potentially reduce your charges or sentence, or even get your case dismissed.
If you are facing robbery charges, call Daniel M. Murphy, P.C today at 303-395-5293 for a free consultation.
