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Posted on 1/31/19 at 8:12 am to Chicken
Like any crime, the facts have to be proved beyond a reasonable doubt. That proof often comes in the form of victim testimony. "The defendant put a gun in my face and demanded my wallet. He took it and ran." If the jury finds that testimony credible, that's enough.
The lack of a third-party witness does not mean he walks. Circumstantial evidence (such as using the vic's credit card soon afterward) is also admissible.
Despite what CSI may imply, the prosecutor does not have to present video or DNA to convict someone, or convictions before the modern era would have been scarce.
The lack of a third-party witness does not mean he walks. Circumstantial evidence (such as using the vic's credit card soon afterward) is also admissible.
Despite what CSI may imply, the prosecutor does not have to present video or DNA to convict someone, or convictions before the modern era would have been scarce.
Posted on 1/31/19 at 8:17 am to Chicken
quote:
If he denies he had a gun, could he get a lighter sentence?
If the jury did not believe the prosecutor proved beyond a reasonable doubt that the defendant used a weapon, they could convict of simple robbery (same as armed, just without a weapon). Some call it strong-arm robbery. The potential sentence is much lighter.
§65. Simple robbery
A. Simple robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.
B. Whoever commits the crime of simple robbery shall be fined not more than three thousand dollars, imprisoned with or without hard labor for not more than seven years, or both.
A sentence for simple, unlike for armed, could be suspended, and the defendant is potentially eligible for parole after serving a portion of the time.
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