How can I be charged with simple robbery when one did not occur?

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How can I be charged with simple robbery when one did not occur?

I was at my brother-in-law’s and a friend showed up. We were all drinking, and the friend and I started arguing. I broke the window in his vehicle. He called the cops. When they arrived I was charged with first degree robbery. How could that happen?

Asked on December 10, 2011 under Criminal Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the crime of robbery actually occurred is to be determined either by a plea or an actual trial to be determined by the trier of fact (judge or jury).

A charge is simply an accusation of a criminal claim over an incident that the district attorney's office files based upon a police report. Whether or not you actually violated the statute that you are charged with will be determined later on or not through the plea or trial I mentioned. The end result will determined whether or not you committed the crime of robbery you are charged with.


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