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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16016
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got arrested for misdemeanor domestic violence and they

Customer Question

I got arrested for misdemeanor domestic violence and they added a robbery charge since I grabbed her backpack with force from her. It was in my house over an argument. I never intended to "permanently deprive her" of her property as I see that is an element of do robbery. This is. First time offense for me and I have a clean record. I don't wanna lose my job by jail time. I hear probation is realistic on the DV charge but I think the robbery charge is a bit much considering I only wanted to delete a phone number and had no intention of stealing it
Submitted: 10 months ago via Cornell Legal Info Institute.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hi Jacustomer,

My name is XXXXX XXXXX X am a criminal lawyer.

In my experience, this case is overcharged, and I would be very surprised if the DA really chose to indict this as a robbery. The complainant was at your house. You had a relationship. There was an argument and a struggle for the backpack. On the facts that you've given, I don't see a jury likely to vote a robbery conviction.

When there are no real injuries as a result of the domestic violence, probation and anger management is how something like this usually comes out if you're looking to resolve it. I suspect a reduction will be in order and that you won't have to worry about jail.

Of course, for the moment the charges are serious, and you should make sure you have a lawyer to assist you and protect your rights.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16016
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 8 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.
I'm just really scared of course and I really hope all this gets straightened out. Does it matter how they list the charges in a particular order on the report? It's wierd how it can only be a minor DV charge and a robbery charge thrown in. She only had bruises on her arm from the struggle
Expert:  Zoey_ JD replied 10 months ago.
Hi Chris,

You would be crazy not to be scared. The criminal justice system is intimidating no matter what the charges and even simple cases can have lifetime repercussions.

No, the order doesn't really matters, except that the robbery happened during the course of the domestic matter. It's potentially worth the same whether it's first or last on the list of charges. i agree, however, that it looks like an afterthought.

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