Committing a Robbery in Pennsylvania
In the State of Pennsylvania, an individual commits the crime of robbery when; the perpetrator harms another person, threatens them with bodily injury, uses any level of force, or commits any second or first degree felony while in the commission of a theft. The main difference between a robbery and a theft is that the latter crime often involves no use of force or injury when unlawfully taking the property of another.
Potential Defenses to a Robbery Charge in Pennsylvania
In order to be convicted of the crime of robbery in Pennsylvania, the prosecutor must prove that some unlawful taking of another’s property occurred. If the prosecution cannot prove that the individual accused of the crime unlawfully took another’s property, than the individual cannot be convicted of this crime. Moreover, the prosecutor must be able to prove that, along with the unlawful taking of another’s property, that some level of force was used in order to obtain possession of the property and that the individual was aware of the force being used against them. If the individual whose property was taken did not know or realize any force was being used upon them in order to obtain their property, than the defendant cannot be convicted of the crime.
It is imperative that any individual facing robbery charges immediately seek the advice of an attorney in order to prepare for all possible defenses.
Committing a Burglary in Pennsylvania
In the State of Pennsylvania, burglary is defined as the unlawful entry of a building with the intent to commit a crime therein. In PA, the building must be one that is suited for “overnight accommodations“. Overnight accommodations pertains to any building where an average person would be able to stay for the night (places such as convenience stores would not be considered a place suitable for an overnight accommodations).
Potential Defenses to a Burglary Charge in Pennsylvania
If an individual is charged with the crime of burglary in Pennsylvania, he/she could argue that: the building was abandoned, the building or structure was open to the public, or the individual was licensed or privileged to enter the building. Moreover the prosecutor must be able to prove that the individual who entered the building had the intent to commit a crime while inside. If the prosecutor cannot prove the intent aspect of the crime, than the individual cannot be convicted of burglary.
I have been charged with Robbery and/or Burglary in Pennsylvania
If you or someone you know has been charged with either of these crimes, The Law Office of Vincent J. Caputo is ready to help you through this process. We understand that charges such as these can often be difficult for all individuals involved and that is why we will work with you every step of the way in achieving the best outcome possible.