If the state of Ohio recently charged you or a loved one with robbery, you risk a felony conviction. A felony conviction may result in a prison term of anywhere between nine months and 11 years long, as well as a fine of up to $20,000. Fortunately, a charge is not a conviction. With the right defense, you stand to get the charges dropped or even reduced, two outcomes that are better than the one you face at the moment. That said, what are viable defenses to robbery?
According to FindLaw, there are a few defenses to robbery courts have recognized in the past, the most obvious of which is innocence. The state has the burden of proving that you committed the crime beyond a reasonable doubt. If you can offer up evidence that provides a trace of doubt, the judge and jury will have no choice but to acquit you. One such type of evidence is an alibi, which may provide proof that you were elsewhere when the robbery took place.
Another defense to robbery is intoxication. All states recognize involuntary intoxication as an affirmative defense. Involuntary intoxication is precisely what it sounds like — intoxication that results from actions outside of your control. If you can show that you became inebriated against your will, the state is likely to pardon you for the crime of robbery.
Voluntary intoxication, on the other hand, is a whole different story. Though some states recognize voluntary intoxication as a defense to criminal actions, most do not. That said, many states will allow a defendant to plea to lesser charges if he or she committed a crime while under the influence. This is because most robbery cases hinge on intent to use violence to steal another’s property. A person who is under the influence does not generally act with intent.
Entrapment is another viable defense to robbery. If someone pushed you to commit a crime you would not otherwise have committed, this defense might work for you. Another similar defense is duress. If you can prove that someone forced you to use violence to steal property by using violence him or herself, you may have a strong case.
The contents of this article are for informational purposes only. You should not use it as legal advice.