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Can You Be Charged With Robbery When There is No Visible Weapon? New York Courts Decide


With every robbery case, it is an important issue to clear whether the ones accused carried a certain kind of firearm during the actual crime. To learn more about it, a competent lawyer discusses the cases of Freddie and Hector M who were both being proven to have carried such deadly firearms before their convictions could be elevated. The proofs presented were sufficient but they both posed their appeals.

With the details gathered by a cop, the robbery case of Freddie L took place in Manhattan in October 1984. They declared a stick up to two female friends and the victim walking the street. The victim testified that when the stick up was announced, Freddie gestured in a way as if he had a gun since he put his hand inside his vest. When he gave Freddie the item he was asking from him, he immediately ran from the scene with his other companion. The victim also testified that he knew Freddie since they were able to play basketball once years ago. Hence, it was easy for the victim to identify him.

In the case of M, the robbery happened in The Bronx last June of 1985 according to a source who also made a research on these cases. He stole $80 with force from a victim who just passed by the Hunt’s Point subway station along with ripping a chain from the victim’s neck. The victim said that while all these were happening, he heard one of the guys say these: “don’t show him the gun” or something like “don’t take out the gun.” The victim was also familiar with Mendez for he has seen him several times in the vicinity, especially near the store where he was working.

The victim also identified M through the tattoos and he reported him to the police when he passed by the store again after the crime was committed. According to another report, in the case of L, it was clear that he made it appear that he was carrying a deadly gun as a way to threaten the victim. It could not have been proven, but still it helped in adding tension and anxiety to the victim involved. But with the M case, such level of conviction cannot be given. There was not even a display of gesture that he has a gun in his possession.

There was no display of gesture to be established but he just made an impression that he was armed just to give a slight ray of threat to the victim. The court was also able to establish that the accused committed the crime just with forceable taking and that the level of conviction can be decreased to a lower level of robbery. The two cases are still punishable by law even if there was no actual display of the weapons assumed by the victims.

If you happen to be interested with learning more about the details of intricate robbery cases, then make sure that you get the assistance of New York robbery lawyers especially the ones who belong to the office of Stephen Bilkis & Associates located in Corona, NY. In studies of cases like these, you can learn how to defend yourself better when fighting for your rights for such cases especially if you are the victim of such instances. Make sure that you have a reliable New York grand larceny lawyer by your side all the time that would assist you in every step of the legal proceedings.

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