• Top 1% of Defence Law Firms

  • Defended over 50,000 Cases

  • 5 star google reviews

  • 40 Years of Criminal Law Expertise

Criminal Defence Articles

WHAT SHOULD I DO IF I AM ARRESTED OR CHARGED FOR ARMED ROBBERY?

Terrorism offences | Stuart Miller Solicitors

Over 3,500 robberies involving the use of a weapon were recorded annually in England and Wales in recent years, highlighting that your situation may feel overwhelming but is not uncommon, and early support from a solicitor can help guide you through the legal complexities ahead. If you have been arrested or charged with armed robbery, seek qualified legal advice at the earliest possible stage to protect your rights and interests. This article will clarify your position and answer important questions such as whether you need a solicitor specifically for your case, what defences might be available to challenge charges of armed robbery, and whether it is likely you will be granted bail. We’ll also discuss the seriousness of this offence, the potential penalties involved, and what you can expect from the legal process.

Do I need a solicitor for armed robbery?

Armed robbery – governed by the Theft Act 1968 – is a particularly serious criminal offence carrying heavy penalties, including lengthy terms of imprisonment. The complexities involved in defending against this type of charge require specialist legal advice and expert representation throughout the entire court process. A solicitor can help you by:

  • Providing clear, straightforward advice at every stage.
  • Representing you at police interviews to prevent inadvertent self-incrimination.
  • Negotiating appropriately with the prosecution to potentially reduce or dismiss charges if possible.
  • Working to demonstrate mitigating factors in your personal circumstances to reduce any potential sentence if convicted.
  • Protecting your interests aggressively throughout trial proceedings.

Defending yourself or relying on less experienced representation for an armed robbery charge potentially puts your liberty and future prospects at risk. The greatest chance of a fair and just resolution comes from engaging expert help early on.

What are possible defences for armed robbery?

As with any criminal offence, there are numerous potential defences to armed robbery charges.

One potential defence is mistaken identity. It is possible that eyewitnesses or CCTV footage incorrectly identified you as the perpetrator. Defence solicitors may seek to demonstrate inconsistencies in witness statements or challenge the reliability and clarity of the evidence presented by the prosecution.

Another potential defence is duress, which involves demonstrating that you were forced or threatened into committing the robbery. To successfully use duress as a defence, your solicitor will need to show that a genuine threat of violence was present, leaving you with no reasonable option but to comply.

Additionally, lack of intent is an important consideration in some cases. The prosecution must prove beyond reasonable doubt that you intended to use force or threaten violence during the robbery to establish guilt. If intent cannot be established, your solicitor may argue you did not intentionally commit an armed robbery offence.

In some situations, it may be argued that no actual firearm or weapon was involved, or that the object carried was not intended or able to intimidate, cause harm or threaten others. Challenging the interpretation of the object or its purpose could serve as a defence mechanism.

Seek specialist legal assistance early to ensure the strength and effectiveness of your defence strategy.

Will I get bail for armed robbery?

Bail is not guaranteed, as robbery involving weapons is considered a very serious offence under English criminal law and risks are much higher to yourself and the public if you are released. When determining if bail should be granted, the court evaluates several factors related to both the alleged offence and your personal circumstances, including:

  • The seriousness of the crime and circumstances surrounding the alleged offence.
  • Evidence strength and whether there is a risk of a sentence involving imprisonment being imposed upon conviction.
  • Any previous criminal record, particularly convictions for violent offences or failures to adhere to bail conditions previously imposed.
  • Connections to and stability within the community, such as family ties, employment history and a fixed place of residence.
  • Concerns about possible risk to public safety, victims, or witnesses.
  • Risks related to absconding or interfering with witnesses and evidence.

The court may worry that granting bail could pose risks to public safety or increase the likelihood of interference with witnesses or evidence. Each case is different, however, and a solicitor could help present arguments demonstrating that you meet the conditions for bail.

Will I have to go to court if I’m arrested or charged for armed robbery?

 If you have been charged with armed robbery – an indictable offence – it is highly likely you will need to appear in court. Indictable offences are typically dealt with at the Crown Court rather than at a Magistrates’ Court.

Initially, your case will start at the Magistrates’ Court, but due to the serious nature of armed robbery charges, this court does not have the jurisdiction to hear your trial or decide sentencing. Instead, the Magistrates’ Court will usually refer or ‘send’ your case to the Crown Court, where you will be required to attend hearings and potentially a trial before a judge and jury.

Appearing at court can involve multiple stages, such as:

  • An initial appearance at the Magistrates’ Court, where your charges will be formally read out.
  • A Plea and Trial Preparation Hearing (PTPH) at the Crown Court, where you will be asked to enter a plea.
  • A trial, if you plead not guilty, and sentencing proceedings if you are found guilty or enter a guilty plea.

Will I go to jail if found guilty of armed robbery?

 If found guilty of armed robbery, it is almost a guarantee that you will receive a custodial sentence. That said, several factors can influence exactly what sentence is imposed.

Sentencing guidelines in England provide judges and magistrates with criteria to follow, which include considerations such as:

  • The seriousness of the offence, including harm caused or threatened and the level of planning and violence involved.
  • Any previous criminal convictions the defendant may have.
  • Whether the defendant displayed remorse or cooperated fully during the investigation and court process.
  • Any aggravating factors such as causing injury or significant psychological harm to the victim.

Armed robbery sentences can range from several years up to life imprisonment in the most severe cases.

Will I go to jail if it’s my first offence of armed robbery?

 Even if it is your first time being charged with the offence of armed robbery, there is the potential for a custodial sentence. The court will take into account your personal circumstances, the details of the offence, and whether there were factors that could lessen or aggravate the seriousness of the situation. Factors considered by judges may include:

  • Whether a weapon was actually used or merely threatened.
  • The type of weapon involved.
  • The amount of planning or premeditation involved.
  • Any injury or trauma suffered by victims.
  • Your personal background and previous criminal record (or lack thereof).
  • Any expressions of remorse or cooperation with police and authorities.
  • Early guilty pleas or willingness to accept responsibility.

While first-time offenders may benefit from courts considering their previous good character, the seriousness of armed robbery generally means a prison sentence is more likely than not.

Can I get Legal Aid for armed robbery?

In England and Wales, armed robbery is considered an extremely serious criminal offence, and if you’re facing such charges, Legal Aid is often available to ensure you have proper legal representation throughout your case.

Legal Aid helps to cover the cost of legal representation and advice for individuals who cannot afford to pay privately. To determine whether you qualify for Legal Aid, certain eligibility criteria are considered, including:

  • The seriousness of the charges against you.
  • Your financial circumstances, including your income, savings and assets.
  • Whether granting Legal Aid is in the interests of justice.

Because armed robbery carries severe penalties, including substantial prison sentences upon conviction, your case will most likely meet the interests of justice test. However, you’ll also need to pass the financial eligibility test. The court will require you to provide full details of your financial circumstances, including your income, assets and savings, and may verify this information carefully.

Where to get more help

Facing criminal charges is undoubtedly intimidating, but understanding your rights and having experienced legal representation by your side can make a significant difference to the outcome of your case. At Stuart Miller Solicitors, our specialist criminal defence solicitors offer clear guidance and dedicated support throughout every step of the legal process. We are committed to thoroughly protecting your interests while providing you peace of mind during this challenging period. To speak confidentially about your situation and find out how we can assist you, get in touch today.

OUR COMMITMENTS TO YOU:

  • Responsive

    A legal expert will consult you within 24 hours of making an enquiry.

  • Empathetic

    We will always treat you with trust, understanding and respect.

  • Specialised

    Your case will be handled by an expert who specialises in your type of offence.

  • Proactive

    We will take early action to end proceedings as soon as it is practically and legally possible to do so.

  • Engaged

    You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.

  • Caring

    We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.

  • Tenacious

    We will never give up on your case. We fight tirelessly to get you the best possible outcome.

Google Rating
4.6
Based on 403 reviews
×
js_loader

Further Reading

Emergency?

Call 24 hours a day, 7 days a week.