Until the past ten years or so, prosecutor’s mostly relied upon eyewitnesses to prove their cases. Today, liquor stores, convenience stores, restaurants, pharmacies and other small businesses are equipped with video cameras and assistant district attorneys are increasingly relying on these video images to prosecute defendants. The quality of these videos is sometimes so poor that it is impossible to identify the robbers. Under these circumstances, the Commonwealth’s case hinges on eyewitness testimony. As noted elsewhere in this website, eyewitness testimony is notoriously unreliable. Unless the robber is caught in the immediate vicinity of the robbery, an eyewitness recalls the license plate of a getaway vehicle, or an exploding dye pack splashes hot pink dye on the robber or the interior of his car, the Commonwealth may have great difficulty proving a robbery case.
Attorney Mahoney has obtained acquittals for a man indicted for armed robbery (who had been positively identified through mug shots by two witnesses) and a woman charged with robbing a bank (a witness caught her license plate number, the dye pack had splattered the interior of her car and she confessed). In his book on cross-examination, Attorney Mahoney devotes an entire chapter to effectively cross-examining eyewitnesses. If you would like to meet with Attorney Mahoney to discuss your case, give him a call at 617-492-0055 to set-up a free consultation.
Robbery Statutes
Armed Robbery (G.L. c. 265, §17)
The Commonwealth must prove beyond a reasonable doubt that the defendant, armed with a dangerous weapon, robbed, stole or took money or other property, from another person in his presence. A conviction is punishable by imprisonment in the state prison for life or for any term of years; however, if the defendant committed the crime while masked or disguised or while having his features artificially distorted, a first offense is punishable by imprisonment for not less than five years and for any subsequent offence for not less than ten years; if the defendant committed the robbery while armed with a firearm, shotgun, rifle, machine gun or assault weapon, a conviction is punishable by imprisonment in the state prison for not less than five years. A second or subsequent offense is punishable by imprisonment in the state prison for not less than 15 years.
Unarmed Robbery (G.L. c. 265, §19)
The Commonwealth must prove beyond a reasonable doubt that the defendant robbed, stole or took by force and/or violence money or other property while in the presence of another. A conviction is punishable by imprisonment in the state prison for life or for any term of years. A second or subsequent offense is punishable by imprisonment for not less than two years.
Larceny
The Commonwealth must prove beyond a reasonable doubt that the defendant took assets belonging to another person, that such assets belonged to a person other than the defendant, and that the defendant took such assets with the objective to deny the owner of the asset.
Larceny from the Person
Larceny from the person is similar to larceny, but the Commonwealth must prove beyond a reasonable doubt that the defendant took the belonging(s) of another person while the aforementioned belonging(s) is/were in the other person’s presence and control.
Larceny by False Pretense
The Commonwealth must prove beyond a reasonable doubt that the defendant made a false statement of fact, knowing full well that such statement was false, and to convince the alleged victim to part with his property.
