What are the chances of being convicted of 1st degree robbery and possession of a firearm during the commission of a felony?

While I am not familiar with criminal law in Delaware, I can make a few observations that might be of help to you. At trial, admission into evidence of the weapon allegedly used during the offense would certainly help the prosecution's case. Unfortunately, it is not absolutely essential. In addition to any physical evidence, evidence introduced at trial can include testimony from the complainant or eye witnesses as to what supposedly happened. If the witnesses testify that a weapon was used during the incident, the court CAN find, based on that testimony, that the prosecution has made out its case with respect to this element of the crime. The issue here is really one of credibility; that is, would the judge or jury believe the witness even if the weapon were never found?

Respectfully, there is no way anyone can calculate the odds of being convicted. Physical evidence is not required, the mere statement of a witness about the presence of a gun can be sufficient to support a conviction if the jury concludes that the witness is credible. This credibility assessment is also the weakness of the case, which a defense lawyer would emphasize to the jury. Good luck.

DISCLAIMER I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Someone saying you had a gun while you robbed them is evidence. Whether it is sufficient evidence to convict is the question. It may be. Considering how credible the witness is and other evidence.

Edward J. Blum