Can One Be Convicted of Robbery Where There Was No Weapon? New York Court Decides

One of the most common robbery crimes is robbing a bank. It is logically so because it is suppose to be where the money is. That is why banks are equipped with alarm system. Some are pretty high technology and some are about standard; just enough to inform the authorities that there is an actual robbery taking place.

This particular case according to an expert is a bank robbery that took place one late afternoon of May 22, 2008. The defendant, John G went inside the Staten Island Bank. He then approached one of the tellers assigned that afternoon and handed her a small note. The note was written on a deposit slip read “I have a gun, Fill the bag. Don’t say anything or I’ll shoot.” The note did not actually indicated any amount so the teller went immediately complied and returned giving G a total of $1,810 which she diligently placed inside the bag that he handed to her.

But according to a Lawyer when the teller testified at the grand jury she admitted that she did not actually see a weapon. She just presumed that there was and would not like to find out if there is for sure. She was already scared as it is. After handing the bag to G, G fled the crime scene and the teller then closed the doors and immediately notified the police. She did this by pressing the silent alarm. Moments later, the police arrived and immediately reviewed the video stills from the bank security camera.

Naturally the police launched a search for G. They finally caught up with him and he was placed in a police line up. The teller was invited to identify G in the police line up. According to a witness, the teller was successful in identifying G. He was brought to trial on the charge of robbery on the first degree.

But G plead not guilty to the charges against him and pleaded for the charges to be brought down to robbery in the second degree. His argument was that a note stating that he was armed and was capable of harming anyone is not sufficient enough to be considered as robbery. This argument was actually taken into consideration by the court and the grand jury. As a result there were many arguments that took place during the trial that made the case a bit controversial.

But the courts argument was that there was no way the teller or anybody else could or would want to prove that what G had written on the note was not actually true. And it was also said that his declaration on the note that he was armed and dangerous was enough to instil fear and caused physical injury.

In the end, the court denied Grants request and went ahead and indicted him with charges of robbery in the first degree.

When the law is enforced it is always for the good of the majority. But rest assured that even the smallest individual is entitled to due process of the law and every means will be exhausted in order to prove his innocence or guilt.

It is a good thing that there are New York Robbery Lawyers who are always willing and ready to listen to your case. They are always ready to defend the victims of robbery as well as those who are wrongfully accused.

Stephen Bilkis and Associates together with their Grand Larceny and Shoplifting Lawyers are always here to listen and understand your predicament. Remember that no one understands your situation better than them.

You’ll also be pleased to know that Stephen Bilkis and Associates have already established offices within the metro area of New York and Corona. This effort is for your convenience and for Stephen Bilkis and Associates to serve you better.