Fraud, Theft, Robbery, Property & Dishonesty Lawyers
Robbery
What is robbery?
Robbery is a compound offence. That means it involves two offences, including theft and assault. Robbery falls under Part 4 of the Crimes Act 1900 (NSW).
For an offence to be a crime of robbery, the following things must take place:
- Unlawfully taking and removing property with the intent to permanently deprive the owner,
- The offender takes the property without the owner’s valid consent, with consent considered invalid if influenced by force or threats.
- The offender takes the property from another person.
- An alleged offender takes the property through actual violence, or by threatening violence.
Examples of robbery in NSW
For example, it can include:
- Threatening someone with violence to steal their property,
- Successfully stealing someone else’s belongings after assaulting them,
- Or failing to try to steal property by using violence.
How serious is the offence of robbery in NSW?
The maximum penalty for the basic crime is 14 years. However, aggravating factors can increase how serious the penalty is. For example, aggravating factors include:
- Physical violence,
- Intentional or reckless bodily harm,
- Kidnapping the owner of the property or restricting their freedom,
- Wounding or otherwise harming the victim,
- Armed robbery with the use of an offensive weapon,
- And any type of robbery offence done in front of another person.
Prosecuting for robbery in NSW
The offence of aggravated robbery also carries a potential maximum penalty of 25 years imprisonment. However, if the offender pleas guilty and a deal is accepted by the prosecution, the charge can switch to the lesser offence of larceny. Therefore, this can greatly help the offender avoid a term imprisonment.
Which court hears the robbery case will also vary. Above all, factors which will influence the court include the aggravating elements were present and the value of the stolen property. If these aggravating factors are present, the District Court will hear the case. Otherwise, the Local Court hears the case.
In conclusion, if police charge you with a robbery related offence, contact our criminal defence lawyers today.the
How we Can Help
O’Brien Criminal & Civil Solicitors is a full-service criminal defence law firm. We provide legal advice on both criminal and also civil law.
After your criminal case, we can then represent you in your civil matter. For example, we have helped clients sue the police for unlawful arrest and false imprisonment.
Your first consultation with us is free. So, this is your opportunity to speak to us about your case. We can then discuss what your options are. If you pick our services, we can give you a cost agreement.
We provides cost-effective and professional legal advice. In some instances, we offer reduced fees or pro bono services. Our lawyers can also assist you in applying for Legal Aid. Speak to us if you have concerns regarding your ability to pay your legal fees.
We have handled cases in courts across NSW at Local Courts, District Courts and also the NSW Court of Criminal Appeal. Furthermore, we also assist clients with bail applications, trials, sentencing hearings and appeals to name a few.
Our team includes Accredited Specialists in Criminal Law.
We utilise a trauma-informed lawyering. Our lawyers also understand that you have dealt with traumatic events. Therefore, dealing with authorities and courts can be a stressful experience for you.
For this reason, we are sensitive to your mental and emotional needs. Additionally, we will assist you in an appropriate manner. Read more about our thoughts on trauma-informed lawyering.
