Robbery Charges in Nebraska: What a Criminal Defense Attorney Wants You to Know

Understanding Robbery Charges in Nebraska

Robbery is a serious felony in Nebraska, carrying significant penalties that can alter your life forever. If you or a loved one are facing robbery charges, it's crucial to understand the law, your rights, and the potential defenses available. A knowledgeable Nebraska criminal defense attorney is your best asset in navigating this complex legal landscape. This article provides a comprehensive overview of robbery charges in Nebraska, offering insights from a legal perspective.

⚖️ What Constitutes Robbery in Nebraska?

Nebraska Revised Statute § 28-324 defines robbery as taking something of value from another person, or in their presence, against their will, by force, violence, or by putting them in fear. Several key elements must be proven beyond a reasonable doubt for a conviction:

• The Taking: Something of value must be taken. This could be money, jewelry, electronics, or any other item with monetary or sentimental worth.
• From a Person or Their Presence: The property must be taken directly from the victim or from somewhere within their immediate control. For example, taking a purse from a person's shoulder or taking items from a cash register while the clerk is present both qualify.
• Against Their Will: The taking must be without the victim's consent.
• Force, Violence, or Fear: This is the most critical element. The taking must be accomplished by using physical force, threats of violence, or by placing the victim in fear of immediate bodily harm. This element differentiates robbery from theft.

Example: If someone snatches a purse off a park bench while the owner is momentarily distracted, it's likely theft. However, if the person shoves the owner to the ground while grabbing the purse, it becomes robbery due to the use of force.

🔍 Degrees of Robbery in Nebraska

Nebraska law distinguishes between different degrees of robbery based on the severity of the crime and the presence of aggravating factors.

First Degree Robbery

First-degree robbery is the most serious form of the offense. It occurs when the robbery involves any of the following:

• Use of a deadly weapon (e.g., firearm, knife).
• Infliction of serious bodily injury upon the victim.
• Threat to inflict serious bodily injury upon the victim.

Penalties: First-degree robbery is a Class II felony in Nebraska. The penalty is a minimum of 1 year and a maximum of 50 years imprisonment.

Second Degree Robbery

Second-degree robbery involves the use of force, violence, or fear to commit the robbery, but without the aggravating factors that elevate it to first-degree. This might involve simple assault or threats that don't rise to the level of threatening serious bodily injury.

Penalties: Second-degree robbery is a Class IIA felony. The penalty is a maximum of 20 years imprisonment.

🛡️ Common Defenses to Robbery Charges in Nebraska

A skilled Nebraska criminal defense attorney will meticulously examine the facts of your case to identify potential defenses. Some common defenses include:

• Mistaken Identity: Challenging the accuracy of the victim's identification. This is especially relevant in cases where the perpetrator was wearing a mask or the identification was made under stressful circumstances. Eyewitness testimony is notoriously unreliable.
• Lack of Intent: Arguing that you did not intend to commit robbery. For example, you might argue that you were attempting to retrieve your own property, honestly believing it belonged to you.
• Duress: Claiming you were forced to participate in the robbery against your will, under threat of immediate harm to yourself or others.
• Alibi: Presenting evidence that you were somewhere else at the time the robbery occurred.
• Insufficient Evidence: Demonstrating that the prosecution lacks sufficient evidence to prove each element of the robbery charge beyond a reasonable doubt. This might involve challenging the credibility of witnesses or the admissibility of evidence.
• Self-Defense/Defense of Others: Arguing that the use of force was justified in defending yourself or another person from imminent harm. This is a complex defense, and the level of force used must be proportional to the threat.
• Coercion: Demonstrating that participation in the robbery was a result of being persuaded to commit the act.

🚨 What to Do If You're Arrested for Robbery in Nebraska

If you are arrested for robbery, remember these crucial steps:

• Remain Silent: Exercise your right to remain silent. Do not answer any questions without an attorney present. Anything you say can and will be used against you in court.
• Request an Attorney: Immediately request to speak with an attorney. Do not waive your right to counsel.
• Do Not Resist Arrest: Cooperate with the arresting officers, but do not provide any information beyond your name and address.
• Remember Details: Try to remember as much as possible about the arrest, including the names of the officers involved, the time and location of the arrest, and any statements made by the officers.
• Contact a Criminal Defense Attorney: Contact a qualified Nebraska criminal defense attorney as soon as possible. They can advise you of your rights and begin building your defense.

💼 The Role of a Nebraska Criminal Defense Attorney

A Nebraska criminal defense attorney plays a vital role in protecting your rights and ensuring a fair outcome in your case. Their responsibilities include:

• Investigating the Case: Thoroughly investigating the facts of the case, interviewing witnesses, and gathering evidence to support your defense.
• Negotiating with the Prosecutor: Negotiating with the prosecutor to potentially reduce the charges or reach a plea agreement.
• Filing Motions: Filing motions to suppress evidence, challenge the legality of the arrest, or dismiss the charges.
• Representing You at Trial: Representing you at trial, presenting evidence, cross-examining witnesses, and arguing your case to the jury.
• Advising You on Your Rights: Ensuring you understand your rights and the potential consequences of your actions.
• Plea Bargaining: An attorney can negotiate with the prosecution for reduced charges or a lighter sentence through plea bargaining.

💰 Potential Compensation for Victims of Robbery in Nebraska

While the criminal justice system focuses on punishing the offender, victims of robbery in Nebraska also have rights and potential avenues for compensation.

• Restitution: The court can order the offender to pay restitution to the victim to cover financial losses resulting from the robbery, such as medical expenses, lost wages, and property damage.
• Victim Compensation Fund: Nebraska has a Victim Compensation Fund that can provide financial assistance to victims of violent crimes, including robbery, for certain expenses like medical bills, mental health counseling, and funeral costs. Eligibility requirements apply.
• Civil Lawsuit: The victim may be able to file a civil lawsuit against the offender to recover damages for injuries, emotional distress, and other losses. This is a separate legal action from the criminal case.

🗓️ Statute of Limitations for Robbery in Nebraska

Nebraska has a statute of limitations, which limits the time within which criminal charges can be filed. For most felonies, including robbery, the statute of limitations is generally five years from the date of the offense. However, there may be exceptions to this rule, particularly if the offender has fled the state or concealed their involvement in the crime.

🏢 Finding a Qualified Nebraska Criminal Defense Attorney

Choosing the right criminal defense attorney is a critical decision. Look for an attorney with the following qualities:

• Experience: Extensive experience handling robbery cases in Nebraska courts.
• Knowledge: A deep understanding of Nebraska criminal law and procedure.
• Communication: Excellent communication skills and a willingness to explain complex legal issues in a clear and understandable manner.
• Dedication: A commitment to providing you with the best possible defense.
• Reputation: A strong reputation within the legal community.

🤝 Alternatives to Incarceration

Depending on the circumstances of the case, there may be alternatives to incarceration available, such as:

• Probation: Supervised release into the community with specific conditions.
• Drug or Alcohol Treatment: Court-ordered treatment programs for substance abuse issues.
• Community Service: Performing unpaid work for a non-profit organization.
• Restorative Justice: Programs that allow the offender to make amends to the victim and the community.

⚖️ Recent Changes in Nebraska Robbery Laws

It's important to be aware of any recent changes in Nebraska's robbery laws. Consult with your attorney to ensure you have the most up-to-date information regarding relevant legislation and court decisions that may impact your case.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.