There are four elements to armed robbery in Massachusetts.

1. The defendant was armed with a dangerous weapon.
2. The defendant put the victim in fear and/or caused them harm by force.
3. The defendant took the victim’s property with the intent to steal it.
4. The defendant actually took control of the victim’s property.

The prosecution must prove each of these elements beyond a reasonable doubt. In order to defend a charge of armed robbery, the defendant needs to cast doubt on one or more of these elements. One of the possible defenses to an armed robbery charge is to raise an identification issue. The prosecution’s case is dependent on the victim or witnesses ability to identify the defendant as the one who committed the crime. If the defendant can cast doubt on their ability to do so, he or she may be able to gain an acquittal.

The defendant may also be able to have identification suppressed prior to trial if there was an overly suggestive line up, or any violation of procedures that have been set up to ensure fairness in the identification process.

If you are facing an armed robbery charge you need an effective criminal defense attorney who keeps your best interest in mind. Contact our office to schedule an appointment to discuss your case.