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Criminal Defense

Can armed robbery charges be dropped in New Orleans?

Armed robbery is classified as a violent crime in New Orleans, which means if you’re convicted, you must serve at least 85% of your sentence in jail without the benefit of probation parole or suspension of sentence.

Getting your charges dropped or reduced will help you avoid the stress and penalties of a criminal prosecution, and freedom from harsh fines and years in jail. 

However, it is not easy to get armed robbery charges dropped. The dedicated team of criminal defense attorneys at Crescent City Law explains more below.

Can you get your armed robbery charge dropped in New Orleans?

Yes: with the right defense, you can get your armed robbery charges dropped in New Orleans. 

In order to get your charges dropped, your case must fall under very specific criteria, such as an unlawful arrest, or if the prosecution’s case is too weak for trial. 

In any case, it takes the help of experienced criminal defense attorneys to give you the best chance of dropping your case or reducing the charges.

Here are some of the circumstances under which you may be able to get your armed robbery charges dropped in New Orleans or across Louisiana:

  • Proving that the police who arrested you did not have probable cause

If the police take you into custody, they must have probable cause before they are able to do so. If you can prove that the police did not have probable cause to arrest you for armed robbery, the arrest is unlawful, and all charges from that arrest will be dropped.

Keep in mind that “probable cause” is a broad term that law enforcement can use to apply to many cases, so it can be difficult to prove that an arrest was unlawful, especially without an experienced criminal defense lawyer.

  • Having an indisputable alibi

If you have clear evidence that you were not at the scene of the crime when the crime occurred, the court might dismiss your armed robbery case. 

For example, if you have incontrovertible proof that you were at work, in an appointment, or otherwise not present at the exact time of the armed robbery, showing this to the prosecution or to the court could stop the case before it is tried.

However, this must be clear and indisputable proof of an alibi. Evidence that simply casts doubt on the prosecution’s side will not be sufficient to get your case dropped.

  • Hiring an expert to testify about the reliability of witness identification

Hiring an expert to testify about the reliability of witness identification is crucial in ensuring a fair and accurate legal process in New Orleans. Eyewitness testimony, while often considered powerful in court, is susceptible to various cognitive biases, leading to potential inaccuracies. An expert in the field can educate the court on the factors influencing eyewitness identification, such as stress, memory decay, and suggestion. They can assess the circumstances surrounding the identification and provide valuable insights into the reliability of the witness’s recollection.

By presenting scientific principles and research, an expert can help the court better understand the limitations and potential pitfalls of eyewitness identification, ultimately contributing to a more informed and just decision-making process.

  • Working with a dedicated criminal defense attorney

An experienced criminal defense attorney will do everything in their power to get your armed robbery case dropped, if it falls under the right conditions.

In some cases, an attorney may even be able to negotiate directly with the prosecution to drop the charges; for example, if their case is too weak to stand trial. If your case cannot be dropped, an attorney will help you get the best deal possible in court.

What counts as armed robbery in New Orleans?

According to La RS 14:64, armed robbery is defined as “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, while armed with a dangerous weapon.”

Louisiana courts take this charge very seriously and are likely to pursue heavy penalties if you are found guilty.

The severity of your penalties will depend on a range of details surrounding your case, such as:

  • Your criminal history
  • Your prior offenses
  • The type of firearm or weapon used in the incident
  • The severity of injuries that occurred as a result of the robbery
  • The value of the stolen property
  • The extent of property damage caused by the robbery

What are the penalties for armed robbery in New Orleans?

According to La RS 14:64, “Whoever commits the crime of armed robbery shall be imprisoned at hard labor for not less than ten years and for not more than ninety-nine years, without benefit of parole, probation, or suspension of sentence.”

This means that, depending on the circumstances of your arrest, you can be sentenced to prison for the rest of your life if you’re convicted for armed robbery in New Orleans. It’s also not eligible for expungement, meaning even after you leave prison it will remain on your record for life.

Contact a New Orleans criminal defense lawyer at Crescent City Law today

If you’re facing armed robbery charges in New Orleans or Louisiana, John Radziewicz is here to help. He will work hard to get your case dropped, if possible, and stand up for you in court. Contact Crescent City Law today to schedule your initial consultation.

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