Robbery is a serious criminal offense in Mississippi, and it’s important to understand what it entails, how it differs from similar crimes, and what steps to take if you or someone you love has been accused of it.
What is Robbery?
Robbery is often mistakenly used interchangeably with burglary, but there are key differences between these two crimes. The most significant distinction is the presence of a victim. In a burglary, someone unlawfully enters a building, usually with the intent to commit a crime such as theft, and the victim does not have to be present. In contrast, robbery involves a direct interaction with the victim.
In legal terms, robbery occurs when someone uses force, threats, or intimidation to take another person’s property directly from their person or in their immediate presence. This means that for an act to be considered robbery, the victim must be present and must feel threatened or be subjected to violence.
According to Mississippi Code § 97-3-73, robbery is defined as: taking the personal property of another, in his presence or from his person and against his will, by violence to his person or by putting such person in fear of some immediate injury to his person.
This statutory definition highlights the role of intimidation or physical force in the commission of robbery. It also makes it clear that robbery is a felony offense in Mississippi.
Types of Robbery
Mississippi law distinguishes between different types of robbery based on how the crime is committed and whether a weapon is involved:
Simple Robbery: This is when a person takes someone else’s property without the use of a deadly weapon but still uses force or fear to do so. It is still a felony, but it carries less severe penalties than armed robbery. A conviction for simple robbery can result in up to 15 years in prison.
Armed Robbery: As outlined under MS Code § 97-3-79, if a robbery is committed with the use of a deadly weapon (or if the perpetrator pretends to have a weapon), it becomes an armed robbery. This is a much more serious offense and carries a mandatory minimum sentence of 3 years in prison, which cannot be suspended or reduced. The sentence can be as long as life imprisonment, depending on the circumstances and whether the defendant has prior convictions.
Robbery charges can also be elevated in severity depending on factors such as injury to the victim, involvement of multiple perpetrators, or if the victim is particularly vulnerable (such as a child or elderly person).
Defending Against Robbery Charges
Being charged with robbery can be a frightening experience. The consequences of a conviction are severe, ranging from years of incarceration to a permanent criminal record that can affect employment, housing, and civil rights. However, it’s important to remember that being charged is not the same as being convicted. A strong legal defense can make a significant difference in the outcome of your case.
Some possible defense strategies include:
Mistaken identity – The victim or a witness may have misidentified the perpetrator.
Lack of intent – The prosecution must prove that the accused intended to commit robbery.
False accusations – In some cases, accusations of robbery are fabricated out of personal grudges or misunderstandings.
No use of force or threat – If there was no intimidation or force used, the crime might be more appropriately classified as theft, not robbery.
Alibi defense – The defendant may have evidence proving they were not present at the time and location of the crime.
Finding an Attorney in Mississippi
If you are facing robbery charges in Mississippi, securing legal representation is critical. The right attorney can help you understand your rights, evaluate the evidence against you, and develop a defense strategy tailored to your specific case. At Vic Carmody Jr., P.A., we have years of experience defending individuals accused of violent crimes, including robbery. Our team understands the stress and fear that come with criminal charges, and we work tirelessly to protect your rights and your future.
Whether you believe you acted in self-defense, were falsely accused, or simply want to explore your legal options, we are here to help. Our firm has a proven track record of achieving favorable outcomes for our clients, including charge reductions, dismissals, and acquittals.
If you or a loved one has been charged with robbery in Mississippi, don’t wait to get the legal help you need. Early intervention by a skilled attorney can make a significant difference in how your case unfolds. Contact Vic Carmody Jr., P.A. today to schedule your confidential consultation and start building your defense.