Armed Robbery charges are considered extremely serious by NSW Courts, and can lead to lengthy terms of full time imprisonment imposed.
It is very important that you know your rights in defending armed robbery charges, and understand what the prosecution must prove beyond reasonable doubt.
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
1. If robbery is alleged, that you:
a) Intended to steal;
b) Used some degree of threat or force putting the person in fear;
c) Took from the person;
d) Either in company or using an offensive weapon.
In some instances the police may allege a more serious offence, consisting of the above elements as well as one of the following additional elements:
1. You used corporal violence on any person;
2. You intentionally or recklessly inflicts actual bodily harm on any person;
3. You deprived any person of his or her liberty.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
Further, you will be found not guilty of the offence if you can establish any of the following:
- The property was taken pursuant to a claim of right made in good faith
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.
The offence of Robbery in Company/Armed Robbery carries a maximum penalty of 20 years imprisonment in the District Court. Aggravated Robbery in Company/Armed Robbery carries a maximum penalty of 25 years imprisonment in the District Court. Robbery in Company and Armed Robbery are considered extremely serious offences. We advise that you contact one of our solicitors immediately if you are charged with either of these offences.
Generally, penalties that a court can impose for any criminal offence in NSW are: