By Steven W. Thayer, P.S. of Steven W. Thayer, P.S. Criminal Defense Attorney posted in Robbery on Friday, February 15, 2019.
On February 8, 2019, Mr. Thayer obtained dismissal of a first-degree robbery case in the Clark County Superior Court. The case arose out of a road rage incident. Mr. Thayer’s client grabbed the phone out of the alleged victim’s hand and threw it on the ground, before leaving the scene. In order to prove a charge of robbery, the State is required to prove specific intent to steal, which is the equivalent of intent to deprive the victim of her property permanently. Mr. Thayer filed a motion to dismiss because the fact that his client left the phone at the scene proved that he did not have intent to permanently deprive. The court agreed, and granted the motion.
This case represents a common problem in our criminal justice system. Many cases are over-charged. All too often misdemeanor cases are charged as felonies. Aggressive pre-trial motion practice can save clients thousands of dollars in trial fees, while at the same time ensuring fairness in the process.