Every robbery case turns on details that rarely fit neatly into a police report. Lighting, stress, surveillance angles, cell phone records, and the split-second judgments that witnesses make can decide whether a person spends years in prison or walks free. A seasoned robbery attorney does not take the state’s version at face value. We test it, piece by piece, using trial strategy, forensic tools, and practical knowledge about how these cases are built and broken.
What the prosecution must actually prove
Robbery is a theft with force or the threat of force. Prosecutors typically have to show an unlawful taking or attempted taking of property, the use or threat of immediate physical force, and intent. Many jurisdictions elevate charges if there is serious injury or weapon use, and penalties climb steeply when a gun is alleged. Understanding these elements is not academic. It flags where reasonable doubt often lives. If the state’s evidence is thin on identity, intent, or the actual use of force, a robbery attorney has leverage to negotiate or to try the case.
Time matters here. Early investigation preserves surveillance before it is overwritten, locks in witness statements before memory drifts, and captures alibi records while they are still accessible. When I am retained quickly, I can often obtain video from corner stores or transit hubs that police never requested, sometimes because they did not know where to look.
Misidentification: why eyewitnesses get it wrong
Far more robbery convictions are overturned based on misidentification than most people realize. Stress, weapon focus, and cross-racial identification problems all distort memory. In one case, a client was accused of a street robbery at dusk. The complaining witness was certain. Yet the lighting conditions were poor, and the first photo array included my client’s picture wearing a distinctive hoodie that matched a description police had already publicized. It was not a fair procedure, and the court agreed.
Dissecting identification procedures is tactical and methodical. We review whether police used double-blind administration, whether they gave non-suggestive instructions, and whether fillers in the lineup matched the stated description. If an officer told the witness that the suspect “may or may not be in the lineup,” that is neutral. If the officer thanked the witness after they picked our client, that seemingly harmless gesture can be suggestive. Video of the lineup process, when available, is gold. Absent video, we scrutinize reports for inconsistencies and cross-examine the identification officer and the witness to show how certainty grew over time, not at the moment of the event.
Expert testimony on memory can help a jury understand common errors without sounding like an excuse. Courts vary on whether they allow such experts, and a criminal defense attorney should assess local practice. Sometimes it is better to rely purely on cross-examination with demonstrative aids showing distances, angles, and lighting, letting jurors reach their own conclusions about reliability.
Alibi: the right way to raise it
An alibi is more than “I wasn’t there.” It is a documented narrative that holds up under scrutiny. I tell clients to think in timestamps. Receipts, MetroCard or toll records, building access logs, Uber or Lyft trips, time-stamped messages, and CCTV from streets or lobbies can build a timeline that the state cannot ignore. An alibi notice, if required by local rules, must be timely. Miss a deadline and you risk exclusion of your alibi witnesses.
Quality matters more than volume. A single video placing you at a workplace 12 miles away at the time of the robbery is stronger than five relatives who swear you were at home. Where the alibi space overlaps with phone location data, we retain an analyst to extract and interpret device logs and cell site records. Cell site location information is not GPS-level precise, but when paired with call and data session timing, it can corroborate or undermine a claimed route.
Be ready for the state to test the alibi. Prosecutors might call your employer, request additional records, or scrutinize gaps. A robust alibi does not crumble when asked the simple questions: who, where, when, and how do we know?
Attacking the “force” element and charging inflation
In many street incidents, prosecutors file robbery even where the “force” was minimal or disputed. A shove with no injury can be charged as robbery in some jurisdictions, but jurors react differently when the facts sound like ordinary shoplifting or a sudden grab. A defense strategy sometimes focuses on reclassification to a Theft Crime rather than outright dismissal. This can be the difference between a violent felony and a misdemeanor. A theft framed as “snatching” without injury or threat may defeat the robbery element.
You must carefully parse the alleged threat. Statements like “don’t move” can be ambiguous. Did the complainant feel fear of immediate harm or simply surprise? Surveillance with audio rarely exists, so credibility and consistency carry weight. Body-worn camera footage captured minutes after the event often reveals initial impressions. If the complainant said at the scene there was no weapon and no threat, and later an affidavit claims a knife, that shift has to be explored. A burglary attorney will recognize similar uncertainties in breaking-and-entering cases, and that experience translates well when the state leans on thin “force” claims.
The weapon allegation: presence, possession, and proof
Robbery with a weapon invites sentencing enhancements, sometimes mandatory minimums. The state must prove not only identity but weapon possession. In practice, this is messy. A complainant might describe a “gun,” yet no firearm is recovered. Eyewitness descriptions vary: black or silver, semiautomatic or revolver, long or compact. Under stress, many people cannot distinguish a phone or wallet from a weapon. A weapon possession attorney will insist on more than a label. We cross-examine on the angle, distance, lighting, and duration of the observation, and we look for forensic corroboration like gunshot residue, fingerprints, or DNA. Often there is none.
If a gun is found, chain of custody and Fourth Amendment issues come to the forefront. Was the stop lawful? Did police have reasonable suspicion to frisk? Did they exceed the scope of a search? The same playbook that a gun possession attorney uses applies: dashcam, body-worn camera, dispatch audio, and CAD logs can tell a different story than a short arrest report. If the search falls, the weapon enhancement may fall with it.
Surveillance and digital footprints: powerful, fragile, and misunderstood
Video is persuasive, but it is not infallible. Camera lenses distort distance, frame rates can miss fast motion, and timestamps drift if the system was never calibrated. In one bodega video we obtained within 48 hours of arrest, the camera time was nine minutes off. When corrected, the timeline undermined the prosecution’s theory that our client had enough time to leave the first scene and commit the robbery three blocks away. No one on the state’s side had checked the DVR clock.
Phone evidence can cut both ways. Cell site data, Google location history, and rideshare logs can place a device near a scene or far from it. A criminal attorney should insist on raw extraction reports instead of relying on cherry-picked summaries. If the state uses a geofence warrant, expect litigation over scope and reliability. Device sharing is common. Parents use their kid’s phones, roommates borrow chargers, and some people carry two phones. Identity is layered and should never be assumed from a single data point.
Confessions and statements: coercion, context, and suppression
Robbery investigations often rely on post-arrest interviews. Plenty of people speak because they think they can talk their way out of trouble. Others speak after long waits or confusing Miranda warnings. A suppression hearing can make or break a case. We examine whether the client was in custody, whether warnings were given and understood, and how the interrogation unfolded. Video helps. If the detective promised leniency or threatened consequences, that can render statements involuntary. Even when a statement comes in, context matters. Perhaps the client admitted presence but denied force, or admitted possession of property but explained it was found. Prosecutors sometimes over-read admissions, turning ambiguous language into supposed confessions. Precision on cross-examination can unravel that.
Clients should avoid talking to police without counsel present. That is not paranoia, it is practical. A single unguarded phrase can lock in a narrative that is hard to unwind.
The role of forensics: fingerprints, DNA, and transfer pitfalls
Fingerprint and DNA findings sound definitive to jurors. In reality, context is everything. If the state homicide attorney suffolk county says your fingerprint was on a recovered wallet, we ask where on the wallet, when it was retrieved, who handled it, and whether lab conditions minimized contamination. Touch DNA is especially prone to transfer. A crowded bar, a borrowed jacket, or a rideshare seat can carry DNA from multiple sources. If the client’s DNA is on a mask or glove, we ask how long the item was in circulation and whether secondary transfer could explain it.
Forensic timelines often lag by months. That delay is not just inconvenient, it can open discovery issues. If the lab report drops close to trial, a continuance may be necessary to allow independent review by a defense expert. A criminal defense attorney who budgets for expert consultation early often ends up with better leverage, even if the case pleads.
Building reasonable doubt without overpromising
Jurors punish overreach. If the state over-claims, that helps the defense. But if the defense promises a glittering alibi or a mystery assailant and the proof sputters, credibility suffers. The better approach is disciplined: identify two or three pressure points that truly weaken the state’s core claims, then return to them consistently.
In a two-day trial, we highlighted the poor visibility at the scene, the suggestive lineup procedure, and the absence of any recovered property linking our client to the incident. We did not chase every inconsistency in ancillary reports. The jury acquitted after three hours of deliberation. Simplicity wins when it is honest and grounded.
Negotiation dynamics: charge bargaining, sentencing exposure, and human factors
Plenty of robbery cases resolve by plea. The choice to try or resolve depends on exposure, risk tolerance, evidentiary strength, and personal circumstances such as immigration status or professional licenses. The stakes are not abstract. A first-degree robbery conviction with a weapon enhancement can mean a decade or more in prison. If we can negotiate a reduction to a Theft Crime or grand larceny without a violent label, the downstream effects on employment and housing change dramatically.
Prosecutors are people. They respond to respectful persistence backed by real evidentiary issues. Provide the assistant district attorney with short, documented memos showing lineup defects, video timelines, or alibi corroboration. Invite them to interview your alibi witness early. If the complainant’s account has softened or they are unsure, raise that diplomatically. Strong advocacy is not chest-thumping. It is organization plus proof.
Pretrial motions: suppress, exclude, and compel
Motion practice is where a robbery attorney earns breathing room. We file to suppress identifications when procedures were suggestive. We move to suppress statements if Miranda or voluntariness is in doubt. We seek to exclude 404(b) evidence of other acts if the state tries to smear the client with unrelated allegations. And we file motions to compel discovery, especially in jurisdictions where body-worn camera footage and lineup videos are routinely recorded but not always produced without pressure.
When a judge grants a key motion, cases often resolve on far better terms. Even when a motion is denied, the hearing transcripts create cross-examination material for trial. An officer who contradicts themselves at a Huntley or Wade hearing can lose credibility in front of a jury.
The value of early, lawful investigation
Defense teams must play offense. That means interviewing witnesses while memories are fresh, canvassing for cameras along possible routes, and preserving social media posts before they vanish. If a co-defendant is involved, consider whether their attorney will coordinate or whether interests diverge. In multi-defendant robberies, small differences in alleged roles can lead to large differences in outcomes. A client tagged as the “lookout” with no weapon exposure should not be dragged into a global plea meant for the alleged leader, and a competent criminal attorney will press that distinction.
Sometimes we hire a licensed investigator to quietly verify details. Did the streetlight at the corner work that night? Was the deli open at the time the state claims? Are there construction permits that changed traffic patterns and sightlines? These small facts can make a narrative plausible or implausible.
Special situations: juveniles, coerced group acts, and social media
Juveniles face unique pressures. They are more susceptible to suggestion, more likely to speak without counsel, and more influenced by peers. A Domestic Violence attorney or Assault and Battery attorney may see similar dynamics in teen fights that escalate. When a robbery allegation involves a group, we look closely at who did what. Did our client actually use force or merely stood nearby? Presence is not guilt. Participation matters.
Social media can be a trap. Bragging posts or photos with cash or a mask do damage, even if unrelated to the charged incident. The state will try to link them. A defense strategy addresses admissibility and context. Was the post made before the incident? Was it satire? If the client has a public account, lock down privacy settings immediately and do not delete anything without counsel guidance. Deletions can look like consciousness of guilt or trigger obstruction allegations.
When robbery overlaps with other charges
Robbery rarely stands alone. A single incident can generate additional counts like burglary, criminal mischief, trespass, or weapons possession. In white-collar contexts, what looks like an embezzlement attorney’s terrain can, in extreme confrontations, morph into coercion or robbery-like allegations if force is used during a recovery of property. Drug-related robberies invite Drug Crimes attorney experience, especially when controlled buys, confidential informants, or stash house allegations surface. Cases with intimate partners may pull in a Domestic Violence attorney, since the dynamics and protective orders differ.
Understanding the interplay helps avoid traps. For example, if there is a criminal contempt attorney issue because of an existing order of protection, a client’s contact with the complainant after the incident can complicate everything, even if the purpose was benign. Counsel should triage the most dangerous counts first and plan a global strategy.
Practical guidance for clients
A few simple behaviors often make the difference between a defensible case and a disaster:
- Do not discuss the case with anyone but your attorney, and never on recorded lines, texts, or social media. Preserve potential alibi evidence immediately: receipts, phone records, transit data, and contact information for witnesses. Avoid any contact with the complaining witness or co-defendants unless your lawyer says otherwise. Follow lawful court orders strictly, including orders of protection and release conditions. Be honest with your lawyer about your prior record, immigration status, and any potential exposure in related investigations.
These steps are simple, but hard cases often unravel over small lapses, not dramatic mistakes.
Trial craft: pacing, themes, and the anatomy of doubt
Trials are human events. Jurors watch how lawyers treat witnesses, how witnesses react, and how the story unfolds. A robbery attorney should center a theme that fits the facts. In a misidentification case, the theme might be “honest mistake.” In a contested force case, it might be “theft but not robbery,” if the evidence points that way and the client approves. No one benefits from pretending weak facts are strong. Jurors appreciate candor.
Cross-examination needs a plan. Start with safe questions that yield predictable answers. Use prior statements. Short questions, tight control, and patience. Impeachment with precision, not volume. When a witness departs from their earlier account, pause and let the silence do some work before confronting them with the inconsistency. Save one or two clean points for the end of cross so the jurors remember them.
Experts should be used sparingly and effectively. A memory expert who teaches without lecturing can help a jury reconsider an identification they initially found persuasive. A digital forensics expert who explains why a phone’s presence near a tower does not map to a specific sidewalk can prevent overconfidence in technical evidence.
Sentencing advocacy when the verdict is adverse
Not every case ends in acquittal. If a client is convicted, the defense job shifts to mitigation. Judges want to know who the person is beyond the worst 10 minutes of their life. Employment history, family responsibilities, treatment engagement, and educational plans matter. Present letters from supervisors, counselors, and mentors with specificity. Avoid clichés. If mental health or addiction played a role, document real progress, not promises.
Alternate dispositions exist. In some jurisdictions, youthful offender treatment, shock incarceration, or problem-solving courts can reduce long-term harm. A defense team that has already built a mitigation narrative is better positioned than one that starts after the verdict.
Where other practice areas intersect and help
A robbery case benefits from breadth. A traffic ticket attorney or Traffic Violations attorney knows how to pull automated license plate reader data and traffic camera records that might show vehicles moving in or out of a corridor. A Fraud Crimes attorney or White Collar Crimes attorney brings comfort with financial records and digital trails. A homicide attorney’s experience with complex forensics can elevate analysis on blood spatter or injury patterns in violent robberies. An Aggravated Harassment attorney’s familiarity with digital speech evidence can guide strategy when threats are alleged through messages rather than face to face.
This cross-pollination is not superficial. It matters when a case turns on whether a client could physically be in two places at once, whether a wallet transaction is traceable, or whether a supposedly threatening message is authentic.
Choosing the right lawyer and approaching the first meeting
Clients often ask whether they need a criminal defense attorney with specific robbery trial experience or whether a general criminal attorney suffices. The answer lies in track record with contested identifications, comfort with digital evidence, and ability to litigate suppression issues. Labels like dwi attorney or dui attorney signal focused practice, but robbery defense is its own terrain. Ask how the lawyer approaches lineup challenges, what investigators and experts they use, and how they handle early evidence preservation.
Bring everything to the first meeting: charging documents, bail paperwork, property vouchers, a list of potential witnesses with phone numbers, and any digital accounts that might contain location data. Be ready to discuss sensitive topics candidly. Surprises hurt more later than early.
The bottom line
Robbery cases do not hinge on a single silver bullet. They usually turn on a series of modest but cumulative weaknesses: a shaky identification here, a timeline problem there, questionable weapon proof, a flawed search, or a credible alibi that was almost overlooked. A skilled robbery attorney pulls those threads together until the fabric of certainty gives way to doubt. Sometimes that results in dismissal. Sometimes it means a quieter victory, a reduced charge without the violent label or the weapon enhancement. Either outcome is earned through early action, disciplined investigation, and courtroom craft.
If you or someone you care about faces such charges, move quickly and deliberately. Gather records, keep quiet, and find counsel who treats facts as tools, not slogans. Whether you need the precision of a gun possession attorney, the strategic instincts of a grand larceny attorney, or the broader judgment of a seasoned criminal defense attorney, the right team will not just fight the case. They will build it, test it, and, where possible, win it on the details that others missed.
Michael J. Brown, P.C.
(631) 232-9700
320 Carleton Ave Suite No: 2000
Central Islip NY, 11722
Hours: Mon-Sat 8am - 5:00pm
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Frequently Asked Questions
Q. How do people afford criminal defense attorneys?
A. If you don't qualify for a public defender but still can't afford a lawyer, you may be able to find help through legal aid organizations or pro bono programs. These services provide free or low-cost representation to individuals who meet income guidelines.
Q. Should I plead guilty if I can't afford a lawyer?
A. You have a RIGHT to an attorney right now. An attorney can explain the potential consequences of your plea. If you cannot afford an attorney, an attorney will be provided at NO COST to you. If you don't have an attorney, you can ask for one to be appointed and for a continuance until you have one appointed.
Q. Who is the most successful Suffolk County defense attorney?
A. Michael J. Brown - Michael J. Brown is widely regarded as the greatest American Suffolk County attorney to ever step foot in a courtroom in Long Island, NY.
Q. Is it better to get an attorney or public defender?
A. If you absolutely need the best defense in court such as for a burglary, rape or murder charge then a private attorney would be better. If it is something minor like a trespassing to land then a private attorney will probably not do much better than a public defender.
Q. Is $400 an hour a lot for a lawyer?
A. Experience Level: Junior associates might bill clients $100–$200 per hour, mid-level associates $200–$400, and partners or senior attorneys $400–$1,000+. Rates also depend on the client's capacity to pay.
Q. When should I hire a lawyer?
A. Some types of cases that need an attorney include: Personal injury, workers' compensation, and property damage after an accident. Being accused of a crime, arrested for DUI/DWI, or other misdemeanors or felonies. Family law issues, such as prenuptials, divorce, child custody, or domestic violence.
Q. How do you tell a good lawyer from a bad one?
A. A good lawyer is organized and is on top of deadlines. Promises can be seen as a red flag. A good lawyer does not make a client a promise about their case because there are too many factors at play for any lawyer to promise a specific outcome. A lawyer can make an educated guess, but they cannot guarantee anything.
Q. What happens if someone sues me and I can't afford a lawyer?
A. The case will not be dropped. If you don't defend yourself, a default judgement will be entered against you. The plaintiff can wait 30 days and begin collection proceedings against you. BTW, if you're being sued in civil court, you cannot get the Public Defender.