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Armed Robbery

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Defending Armed Robbery Charges

Despite the seriousness of the crime, robbery cases are often defensible.  Though liquor stores, convenience stores, restaurants, pharmacies, and other small businesses are equipped with video cameras, the quality of these video recordings is sometimes so poor that a definitive identification of the accused from the video alone is not possible. In many cases, therefore, the prosecution’s case hinges on eyewitness testimony – and eyewitness testimony is notoriously unreliable. The difference between an acquittal and a conviction will often depend on the cross-examination skills of the lawyer. In his best-selling book, Relentless Criminal Cross-Examination, Attorney Mahoney devotes an entire chapter to teaching lawyers how to effectively cross-examine eyewitnesses.

Massachusetts Criminal Defense Attorney Kevin J. 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 took down her license plate number, the exploding dye pack splattered purple ink throughout the interior of her car, and she confessed).

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.

 

Results

Commonwealth vs. J.H., Cambridge District Court

Armed Robbery – Dismissed
Larceny from a Person — Dismissed after period of probation

A juvenile and a young man (our client) wearing masks approached an individual and demanded his marijuana and money. A witness called the police, who caught the individuals as they fled the area. By persuading the District Attorney’s Office that the defendant had behaved uncharacteristically and had a bright future, Attorney Mahoney secured the dismissal of the charges following a period of probation.

Commonwealth vs. C.C., Cambridge Superior Court
Accessory After Fact to Bank Robbery — Not Guilty

A Hispanic male robbed the Stoneham Savings Bank by indicating he had gun beneath shirt. Fleeing the bank with the cash, he got into a getaway car driven by the Defendant. The dye pack exploded and he began throwing money out the window of car while the Defendant drove the car away from scene. Eight days later police arrest the man on an unrelated charge. The man implicated the Defendant, and police arrest her five days later. She told police she had no idea that the man planned to rob bank and that, following the robbery, he threatened to kill her if she “ran her mouth.”

Commonwealth vs. G.R., Cambridge Superior Court
Armed Robbery – Not Guilty

Two eyewitnesses separately selected the Defendant’s photo from mug shot books, and positively identified him in court. Attorney Mahoney severely undermined each witness’s credibility by juxtaposing their original descriptions of the assailant against their courtroom descriptions to obtain a not guilty verdict for the Defendant.

Call the Mahoney Criminal Defense Group at 617-492-0055 to schedule a free in-office consultation with an experienced criminal defense lawyer.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

Practice Areas

  • Shoplifting
  • Larceny by Check
  • Armed Robbery
  • Breaking and Entering
  • Embezzlement
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