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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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TN state Class B felony charge

Customer Question

Ive recently been charged with a Class B Robbery felony in TN. I was more of in the wrong place at the wrong time more than anything. Is there anyway to get out of this because the stuff the person took was just a skateboard and some hoodies. Me and the other person that was there are both going to court in April over this and explaining our case that we were not the ones that robbed the people. We were simply there and did not know what to do, but we did not take part in this crime. The third person that was charged did all the work.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

The Class B Felony robbery is an aggravate offense which is described in the TN Code as

39-13-402. Aggravated robbery. -

(a) Aggravated robbery is robbery as defined in § 39-13-401:

(1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or

(2) Where the victim suffers serious bodily injury.

(b) Aggravated robbery is a Class B felony.

If you did not have a weapon or lead the victim to believe that you had a weapon, you might be able to plea this down to at least a robbery as described in 13-401 - which is a Class C Felony. Of course, this will all depend on any criminal history that you have. My rule of thumb is whenever there is a possibility of incarceration a local attorney should be consulted to assist with plea negoiations that coud keep you from prison. The fact that you did not "take part" will not matter - except that to charge your with the 402 you would have had to have a weapon or the victim will testify they thought you had a weapon. If you have not already done so, you should consult with an attorney.

39-13-401. Robbery. -

(a) Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.

(b) Robbery is a Class C felony.

Also, keep in mind the following

39-11-201. Burden of proof. -

(a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt:

(1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;

(2) The culpable mental state required;

(3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and

(4) The offense was committed prior to the return of the formal charge.

(b) In the absence of the proof required by subsection (a), the innocence of the person is presumed.

(c) A person charged with an offense has no burden to prove innocence.

(d) Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party.

(e) No person may be convicted of an offense unless venue is proven by a preponderance of the evidence.

(f) If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence.

39-11-401. Parties to offenses. -

(a) A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both.

(b) Each party to an offense may be charged with commission of the offense.

39-11-403. Criminal responsibility for facilitation of felony. -

(a) A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2), the person knowingly furnishes substantial assistance in the commission of the felony.

(b) The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged.

[Acts 1989, ch. 591, § 1.]

 

Best of success to you,

 

Customer: replied 6 years ago.
Well I am already on state probation for a possession charge about 6 months ago. There was no lead made that there was a weapon nor did anyone hurt anyone. When I was in court the officer that took us all in told me in my ear that he would work with me because he felt I wasnt guilty of that crime. He said he would like to see it dropped down to theft because we did not take anything from them the other guy simply grabbed those items from them bench. The officer said he would like to see me just pay restitution(spelling) and be done. Is that possible?
Expert:  Michelle replied 6 years ago.

Dear Customer

Only the prosecutor can make that kind of deal. A police officer can talk about it with the prosecutor - but it really is something that must be negoiated with a prosecutor. Of course, getting a plea to a lesser charge is not unheard of and it is possible. I still suggest you contact a local attorney or the public defender, if you qualify. An experienced attorney will be able to work a plea for you, especially if there was no weapon or threat of a weapon.

Best of success in this and your future,

 

Customer: replied 6 years ago.
Ok so that will most likely happen then. I got one last question before I accept. I am a juvenile so does that make any difference?
Expert:  Michelle replied 6 years ago.

Dear Customer

No. You can be charged as an adult with an adult crime. Though, an attorney could seek to waive it back to Juvenile Court if a prosecutor decides to take it to an adult level -

Much Success to you in this matter,

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Ok ive accepted but I am left with one more question if you dont mind. My attorney said he would keep it in Juvenile court. Does that make things any better for me? Could you explain what might happen?

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Michelle
Michelle
Criminal Lawyer
4136 Satisfied Customers
30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs