Being charged with armed robbery is a grave situation that can lead to severe consequences, including life imprisonment. At Riccio Law, led by experienced attorney Anthony Riccio, we are dedicated to providing robust legal defense to protect your rights and future.
Understanding Armed Robbery in Massachusetts
What Constitutes Armed Robbery?
Under Massachusetts General Laws (MGL) Chapter 265 Section 17, armed robbery is defined as:
- Assault: An individual assaults another person.
- Use of a Dangerous Weapon: The assailant is armed with a firearm, shotgun, rifle, machine gun, or assault weapon.
- Theft: The assailant robs, steals, or takes money or property from the victim.
Aggravating Factors:
- Disguise or Mask: Committing the crime while disguised or wearing a mask.
- Type of Weapon: Using specific dangerous weapons as mentioned above.
These aggravating factors can lead to mandatory minimum state prison sentences.
Potential Penalties for Armed Robbery
Severe Consequences Await
The penalties for armed robbery in Massachusetts can be harsh:
- Maximum Penalty: Life in state prison.
- First Offense:
- Masked or Disguised: Minimum 5 years in state prison.
- Armed with Specific Weapons: Minimum 5 years in state prison.
- Subsequent Offenses:
- Masked or Disguised: Minimum 10 years in state prison.
- Armed with Specific Weapons: Minimum 15 years in state prison.
Judge’s Discretion:
While the law sets strict penalties, judges have discretion based on factors such as the defendant’s criminal history, evidence strength, and cooperation of witnesses.
Armed Robbery Jurisdiction and Prosecution Process
Where Are Armed Robbery Cases Tried?
- Superior Court Jurisdiction: Armed robbery cases are prosecuted in Massachusetts Superior Court.
- District Court Jurisdiction: Typically does not handle armed robbery unless charges are dismissed or reduced.
Indictment Process:
- Grand Jury Indictment: Determines whether there is sufficient evidence to proceed.
- Factors Considered:
- Strength of evidence
- Defendant’s criminal history
- Victim cooperation
- Severity of allegations
Potential Defenses to Armed Robbery Charges
Strategic Defenses to Protect Your Rights
A skilled defense attorney can employ various strategies based on the specifics of your case:
| Defense Category | Scenario | Strategy |
| Misidentification (Wrong Person) | Defendant and alleged victim do not know each other. | Challenge the accuracy of witness identification or provide an alibi. |
| False Allegations | Limited or no physical evidence; potential motive for the victim to lie. | Discredit the victim’s testimony and present evidence of dishonesty. |
| No Money or Property Stolen | Allegations lack proof of theft. | Argue absence of stolen property to undermine the robbery charge. |
| No Dangerous Weapon | Prosecution cannot prove possession of a weapon during the robbery. | Negotiate dismissal or reduction of charges if weapon evidence is insufficient. |
Why Choose Anthony Riccio for Your Defense?
Expertise You Can Trust
Anthony Riccio brings extensive experience in handling armed robbery cases across Massachusetts. His proven track record of successful defenses ensures that you receive dedicated and personalized legal representation.
- Specialized Knowledge: Deep understanding of Massachusetts gun control laws.
- Proven Results: History of favorable outcomes for clients.
- Personalized Approach: Tailored defense strategies to meet your unique needs.
Why Riccio Law Stands Out:
- Dedicated Representation: Anthony Riccio personally handles each case with the attention it deserves.
- Client-Centered Focus: Commitment to understanding and addressing your specific situation.
- Comprehensive Legal Support: From initial consultation to trial, Anthony is with you every step of the way.
When to Contact a Criminal Defense Attorney
Act Quickly to Protect Your Future
If you’ve been arrested, charged, or approached by law enforcement regarding armed robbery, it’s crucial to seek legal counsel immediately. Early intervention can significantly impact the outcome of your case.
Steps to Take:
- Contact Riccio Law: Reach out for a free consultation.
- Legal Representation: Ensure your rights are protected from the moment of arrest.
- Strategize Defense: Develop a comprehensive defense plan with Anthony Riccio.
Don’t Delay – Your Future Depends on It
Time is of the essence in criminal cases. The sooner you have legal representation, the better your chances of a favorable outcome.
Frequently Asked Questions (FAQs)
What is the difference between robbery and armed robbery?
Robbery involves theft through force or intimidation, while armed robbery includes the use of a weapon, leading to more severe penalties.
Can I be charged with armed robbery if I didn’t use a weapon?
If a weapon is not used, the charge may be reduced to robbery or another theft-related offense.
What should I do if I’m accused of armed robbery?
Immediately contact a qualified criminal defense attorney to protect your rights and build a strong defense.
How long does an armed robbery case take to resolve?
The duration varies based on case complexity, court schedules, and whether a plea bargain is possible.
Is it possible to avoid jail time for armed robbery charges?
With a strong defense, it may be possible to reduce charges or negotiate a favorable plea, potentially avoiding lengthy imprisonment.
What evidence is typically used in armed robbery cases?
Evidence may include eyewitness testimony, surveillance footage, weapon possession, and any physical evidence linking the defendant to the crime.
How does Anthony Riccio approach armed robbery defense?
Anthony conducts a thorough investigation, challenges the prosecution’s evidence, and develops a personalized defense strategy to achieve the best possible outcome.
Can prior criminal history affect my armed robbery case?
Yes, prior criminal history can influence sentencing and the severity of charges, making experienced legal representation crucial.
What are the first steps in building a defense for armed robbery charges?
The first steps include securing legal representation, reviewing all evidence, interviewing witnesses, and developing a strategic defense plan.
Do I have to go to court for an armed robbery charge?
Not necessarily. Depending on the case, your attorney may negotiate plea deals or have charges reduced without going to trial.
Conclusion
Protect Your Future with Expert Defense
Facing armed robbery or unarmed robbery charges is daunting, but with Anthony Riccio and Riccio Law by your side, you have a dedicated advocate committed to achieving the best possible outcome for your case. Don’t navigate the legal system alone—reach out today for a free consultation.
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