The question of whether someone can face armed robbery charges when using a fake weapon is more complex than many people realize. In Louisiana, the law doesn’t always distinguish between authentic and replica weapons when it comes to robbery charges. Even if you brandished a toy gun, a BB gun, or simply made someone believe you had a weapon, prosecutors may still pursue serious felony charges against you.
At the John D. & Eric G. Johnson Law Firm, attorney Eric Johnson understands the severe consequences you face when charged with armed robbery in north Louisiana. With experience defending clients in Minden and throughout the region, Eric has successfully challenged robbery charges by thoroughly investigating the circumstances of each case. His approach involves examining every detail, from the alleged weapon used to witness credibility, ensuring prosecutors meet their burden of proof at every stage of your defense.
How Does Louisiana Define Armed Robbery?
Louisiana law defines armed robbery as taking anything of value from another person through force or intimidation while using a dangerous weapon. The critical element is the presence of what appears to be a dangerous weapon during the commission of the crime. According to Louisiana Revised Statute 14:64, armed robbery occurs when someone takes something of value belonging to another “by use of force or intimidation while armed with a dangerous weapon.”
What constitutes a “dangerous weapon” under Louisiana law extends beyond functioning firearms. The statute broadly defines dangerous weapons to include any object that appears capable of producing death or significant bodily harm. That means prosecutors can charge you with armed robbery even when using:
- A realistic toy gun or replica firearm
- A BB gun or airsoft pistol
- An unloaded firearm
- Your hand concealed to simulate a weapon
The victim’s reasonable belief that you possessed a dangerous weapon becomes the determining factor. If someone genuinely feared for their safety because they believed you had a real gun, the law treats the situation as if you used an actual firearm.
What Penalties Do You Face for Armed Robbery Charges?
Armed robbery carries some of the harshest penalties in Louisiana’s criminal code. A conviction results in imprisonment at hard labor for not less than 10 years and not more than 99 years, without benefit of parole, probation, or suspension of sentence. These mandatory minimum sentences apply regardless of whether you used a real or fake weapon during the alleged robbery.
The distinction between real and fake weapons rarely impacts the initial charges you face. Louisiana courts have consistently held that using an imitation firearm during a robbery supports an armed robbery conviction when the victim reasonably believed it was real. Prosecutors focus on proving you created a perception of danger rather than demonstrating you possessed a functioning weapon.
Can Your Attorney Challenge Armed Robbery Charges?
Experienced criminal defense representation becomes essential when facing armed robbery accusations involving fake weapons. Several defense strategies may apply to your case, depending on the specific circumstances. Your attorney can challenge whether the alleged weapon truly appeared dangerous enough to support armed robbery charges. If the object clearly couldn’t have caused harm and no reasonable person would have feared it, this may reduce charges to simple robbery.
Intent also matters in robbery cases. If prosecutors cannot prove you intended to deprive someone of their property permanently, or if you had a legitimate claim to the items taken, this may undermine their case. Additionally, your attorney can investigate whether law enforcement violated your rights during the investigation, which could lead to suppressed evidence or dismissed charges.
Consult John D. & Eric G. Johnson Law Firm About Your Case Today
Armed robbery charges carry life-altering consequences that extend far beyond prison time. A conviction creates a permanent felony record that affects employment opportunities, housing options, and your fundamental rights. Whether the weapon was real or fake makes little difference in how Louisiana prosecutors pursue these cases, which is why you need an attorney who understands the nuances of robbery defense.
Eric Johnson has defended numerous clients against serious felony charges throughout north Louisiana, securing favorable outcomes through meticulous case preparation and aggressive advocacy. When your freedom is at stake, don’t leave your defense to chance. Complete our contact form to discuss your case and learn how we can fight for your rights.