Differences Between Maryland Armed Robbery and Theft Charges
There are important differences between Maryland armed robbery and theft charges, even though these offenses are closely related. Theft is considered a lesser-included offense with regards to armed robbery, which means that armed robbery includes the elements of theft.
Whether you face charges of theft, robbery, or armed robbery, you should seek the services of a distinguished robbery lawyer. A qualified attorney could build an effective defense tailored to the unique circumstances of your case. Call today to schedule a case review.
Legal Definitions of Theft, Robbery, and Armed Robbery
Theft is the taking of property without permission from another person with the intent to deprive the person of that property permanently. Robbery is committing a theft by using force, violence, or the threat of force or violence. Armed robbery is committing robbery with a dangerous weapon or with a written instrument saying that one has a dangerous weapon.
There are two main differences between Maryland armed robbery and theft charges that make armed robbery a more severe crime. The first element is the use of force or the threat of the use of force. The second element is the presence of a weapon or the implication by written notice that a weapon is present.
Prosecuting Robbery Offenses in Maryland
If a person is charged with armed robbery or robbery, they may be separately charged with theft as well or it may be included in the robbery. However, they could not be convicted of theft and robbery at the same time. The same conduct could meet all the elements for a theft, robbery, and armed robbery and it could be charged as such. If the person is convicted for robbery, the theft charge merges and is included in the robbery charge. They would not face additional penalties for a robbery conviction and a theft conviction for the same conduct.
Plea Deals in Robbery Cases
Sometimes, it is up to the state, the officers, and the prosecutors how they decide to charge a person’s conduct. Someone could be charged with armed robbery, and pursuant to a plea deal, these charges could be amended to a lesser-included offense. The state would file paperwork to amend the robbery charge to theft, and the defendant would plead guilty to that theft charge. Even though they overlap or the lesser charges are included, they could still be charged with multiple counts but could not be convicted and penalized twice for the same conduct.
Importance of Hiring a Maryland Robbery Attorney
A person charged with armed robbery should hire an attorney who understands the critical differences between Maryland armed robbery and theft charges. A lawyer could protect the defendant’s interests and fight for a positive outcome, which could be a dismissal of the charges, an acquittal after a trial, or negotiating a less serious charge. The consequences and the risks of proceeding against armed robbery charges without an attorney are severe and significant, and for that reason, a person should hire an attorney to protect their interests. Reach out to a hardworking robbery lawyer today to discuss your situation.
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