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What can happen if you are charged with armed robbery but there is no evidence of a gun or stolen property?

Detroit, MI |

only evidence is the victim!

Attorney Answers 6

Posted

You could be convicted and sentenced to prison. The state does not have to produce a gun or stolen property in court to get a conviction for armed robbery. Thousands of people are serving prison sentences based only on the word of another person. The testimony of a witness is evidence.
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Posted

In the end, a good answer to your question depends on an attorney's thorough review of the discovery materials involved as well as any individual factors of the defendant. Although evidence of a weapon and stolen property are typical in the average armed robbery case, the prosecutor can certainly proceed with charges based solely on the alleged victim's testimony, regardless of the apparent strength or weakness of the case. In the end, several outcomes are possible, and a good attorney can explain each of those potential outcomes.

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Posted

Hire a local criminal lawyer for a personalized answer to your,question.

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Posted

I'm in complete agreement with the responses you've already received. The state obviously has evidence about the gun and what was stolen in the robbery. It comes in the form of the eyewitness testimony of the victim, often the most powerful evidence the prosecution has in any case. Make sure you have a very good attorney to defend you. DIY defense in a serious felony like this is a ticket to a long vacation at the state's expense.

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Posted

Assuming that there really is no other evidence, literally, I'd say the accused is in a much better position than 99% of the other people out there with a pending armed robbery case. However, the likelihood that the only evidence in the case is that one person's word is extremely low as I simply can't see a prosecutor charging it. Strange things happen though.

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Posted

This would depend on whether the jury believed the victim beyond a reasonable doubt. A good attorney would try to poke holes in that person's testimony. Yes they can get convicted.

Michael Breczinski
Attorney
5005 Lapeer Road
Burton, MI 48509
810-743-2960

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