Person says my brother robbed him, says he didn't see a weapon but was told theit was a gun. Can he be charged with 1st degree robbery ?
In MA, as in most states, armed robbery does require that the Commonwelath prove that the defendant was actually armed at the time of the robbery. In MA, if the defendant stated that he/she had a dangerous weapon, but it turns out and defendant can prove that the defendant did not have a weapon, then there is insufficient evidence. However, the Commonwealth does not need to prove that the defendant showed a dangerous weapon or that the defendant used the weapon in a menacing manner or that the victim was even aware of the weapon. Cases turn on facts so important to know the details here and is important to consult with a criminal attorney practicing in NJ to know the specifics of NJ law.
He can be charged. Ist degree can be because of serious bodily injury inflicted or attempted, or threatens to use a deadly weapon. It depends on the facts. if the actor says give me your money and reaches under his coat like he has a gun it could be enough. Consult an experienced criminal defense attorney ASAP.
You were not there, you do not know whether there was a gun. Leave this to his lawyer.
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