At Berry Law, we believe in protecting people like you to the best of our ability, and our Lincoln robbery lawyers have decades of experience doing so. We have in-depth knowledge of Nebraska’s criminal justice system and know what it takes to help you have your charges reduced or dismissed and your sentence minimized.
Even if you are confident the evidence will speak in your favor, having an attorney on your side is invaluable to protect your future from the harsh, unforgiving consequences of a robbery conviction. Don’t accept unfair charges and don’t wait to secure the skillful legal representation you deserve.
Contact us online today to schedule your free, confidential consultation with a theft lawyer in Lincoln.
What Constitutes Robbery in Lincoln?
Theft, burglary, and robbery are terms that are often used interchangeably, as though they refer to the same crime which is not true.
Theft refers to illegally taking property that belongs to someone else and doing so without their consent. Burglary refers to the unlawful entering of a building or private residence with the intent to commit theft or any other felony. Robbery, on the other hand, is the forceful or coercive taking of private property that occurs between 2 people.
Nebraska Revised Statutes § 28-324 defines robbery as follows:
“A person commits robbery if, with the intent to steal, he forcibly and by violence, or by putting in fear, takes from the person of another any money or personal property of any value whatever.”
As determined in the case of State v. Barfield in 2006, the element of intent to steal is present in cases where the person accused of robbery seized another person’s property in order to permanently deprive them of it. This is true regardless of whether the accused intended to keep said property for themselves, destroy it, sell it to someone else, or abandon it entirely.
A person might not need to use a weapon in the case of robbery, but if it is seen or used and causes the victims to fear then this is enough evidence to constitute robbery.
Nebraska law also states that in the case of robbery, a property does not need to be taken from the person themselves. It can be taken from the victim’s protection, personal presence, or control.
Nebraska courts may also determine that a robbery has occurred if the taking of personal property was aided in any way because of the presence, visibility, and/or threat of use of a weapon against the victim.
Fines & Sentencing for Robbery in Nebraska
In Nebraska, robbery is a Class II felony. As such, a conviction could result in up to 50 years imprisonment. You may also be subject to fines in addition to court costs. Aspects, such as if the judge decides whether there has been an aggravating factor can also play into sentencing outcomes.
You may be subject to a higher-grade felony if you have been previously convicted of robbery or if the court perceives that you are a habitual criminal making it even more important that a Lincoln robbery attorney is consulted.
The Downsides of Pleading Guilty
If you are being charged with robbery, it is imperative that you seek legal representation from a Lincoln robbery lawyer as soon as possible.
You may be encouraged to plead guilty in order to conclude your case quickly and prevent it from proceeding further. However, once you plead guilty you forfeit your right to not incriminate yourself, the right to a jury trial, and the right to face your accusers among other things. Pleading guilty automatically results in a felony conviction without the chance of a trial. This conviction and admittance of guilt could have devastating long-term effects on your life, including:
- Difficulty finding a job or advancing in your career
- Challenges when financing a home, car, or other large expense
- Social stigma stemming from your criminal record
- Destroying your opportunity to become a U.S. citizen or permanent resident
- Stripping you of your rights to own a gun, drive a car, etc.
- Reducing your standing in the eyes of a judge in the event you get divorced and/or seek custody of your child[ren]
Importance of a Lincoln Robbery Lawyer
Pleading guilty without obtaining legal counsel can only hurt you and your future. It can be beneficial to contact an attorney to assist you with your charges. Our team of experienced Lincoln robbery attorneys at Berry Law can assist you in defending yourself against robbery charges. If you or somebody you know is facing robbery charges, please contact our team.