The crime of armed robbery is governed by Massachusetts General Laws Chapter 265 § 17. That law defines armed robbery as assaulting and robbing or stealing from another person while being armed with a dangerous weapon.

The prosecutor has to prove four elements beyond a reasonable doubt to convict a defendant of this offense. Firstly, he must prove that the defendant was armed with a dangerous weapon. A dangerous weapon is one that can jeopardize a life or cause serious injury, but it does not need to be designed to do so. Whether or not the defendant used the weapon does not matter, nor does the time when the defendant became armed, as long as his being armed was related to the robbery. Common examples of dangerous weapons include guns, knives and brass knuckles. Secondly, the prosecutor has to prove that a threat made by the defendant put the victim in a state of fear or that the defendant physically hurt or used force on the victim. To satisfy this element, the prosecutor has to prove that the robbery or stealing was the effect of the threat or force. A threat can be expressed verbally or by actions. Thirdly, the prosecutor must prove that the defendant took the victim’s possession intending to steal it. To satisfy this element, he must prove that the taking was against the will of the victim. Finally, the prosecutor must prove that the defendant took the victim’s possession out of the victim’s control. Whether or not the victim owned the item does not matter, as long as the victim controlled it when it was stolen.

Life in prison is one potential punishment for armed robbery. A conviction could also result in imprisonment for any term of years. Armed robbery while masked or disguised carries a mandatory minimum sentence of five years for the first conviction. A conviction for armed robbery with a firearm, rifle, shot gun, assault weapon or machine gun carries a five-year mandatory minimum as well.

You should contact a criminal defense attorney immediately upon being charged with armed robbery. It is crucial that you receive the best defense possible, given the seriousness of the charge. Attorney Kathleen M. McCarthy can provide the powerful defense that you need. She has gained unparalleled skill and knowledge in her twenty years of practicing criminal law, and she works tirelessly for each and every one of her clients. If you have been charged with armed robbery or any other crime, call the Law Offices of Kathleen M. McCarthy at (978)-975-8060 or contact her online.