My son is charged with attempted robbery 1st degree. What is he looking at and how do I help him prove his innocence?

Asked about 4 years ago - Olympia, WA

All I know is that my son (who is 18) was with 3 other people and they were arrested in a store parking lot. Apparently the police had a tip from the guy driving the car that there was going to be a robbery at this store. From what my son and the other 2 people charged have said, the driver of the car owed 1 of the arrested people money for a laptop he had. There was 2 BB guns in the guys car. 1 under the drivers seat and 1 under the passengers seat. My son and 1 other person were sitting in the back seat of the car, while the driver of the car and the guy he owed money to got out of the car and walked up to the store (they did not go in) when they got arrested by the police. The driver of the car is not being charged with anything. My son sat in jail 4 days before they filed charges.

Attorney answers (2)

  1. Sharon Elizabeth Chirichillo

    Pro

    Contributor Level 14

    Answered . In Washington State- RCW 9A.56.190 Robbery — Definition.

    A person commits robbery when he unlawfully takes personal property from the person of another or in his presence against his will by the use or threatened use of immediate force, violence, or fear of injury to that person or his property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial. Such taking constitutes robbery whenever it appears that, although the taking was fully completed without the knowledge of the person from whom taken, such knowledge was prevented by the use of force or fear.

    RCW 9A.56.200 Robbery in the first degree.

    (1) A person is guilty of robbery in the first degree if:

    (a) In the commission of a robbery or of immediate flight therefrom, he or she:

    (i) Is armed with a deadly weapon; or

    (ii) Displays what appears to be a firearm or other deadly weapon; or

    (iii) Inflicts bodily injury; or

    (b) He or she commits a robbery within and against a financial institution as defined in RCW 7.88.010 or 35.38.060.

    (2) Robbery in the first degree is a class A felony.
    -----------------------------------------------------------------------------------------------
    RCW 9A.20.021
    Maximum sentences for crimes committed July 1, 1984, and after.

    (1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following:

    (a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine;

    Extremely serious accusation. I recommend a seasoned criminal defense attorney Jim Dixon or Rod Franzen, both are in Olympia, WA

  2. John P. Yetter

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . The single best thing you can do for your son in his quest to be found not guilty is to retain an excellent local attorney for him. Look for one who works regularly in the court where your son's case will be heard, who has experience in criminal defense and does so as a primary business.

    John Yetter

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