How to Defend Against Armed Robbery Charges
If you’re facing armed robbery charges, you want answers about what to do next. Armed robbery is a serious offense that can result in hefty penalties, but defenses are available to those charged. Let’s look at what armed robbery is and how to defend against charges.
What is Armed Robbery?
Under North Carolina law, armed robbery happens when someone takes property from another person by force or threat of violence while armed with a deadly weapon.
For you to face conviction for armed robbery, the prosecution must prove that you took property from the victim by using or threatening violence and that you armed yourself with a deadly weapon.
So if you wave a gun around at a convenience store but then don’t steal anything, you did not commit armed robbery. You may face charges for “Going Armed to the Terror of the Public” or other firearm or assault charges, though. (1)
What Actions Does Armed Robbery Include in NC?
In North Carolina, armed robbery includes taking property from another person by force or the threat of violence. Armed robbery can include stealing money or other belongings or robbing a store or business.
It is important to note that you must have been armed with a deadly weapon to receive a conviction of armed robbery. Deadly weapons could include a gun, knife, or any other object that you could use to inflict harm.
If you face armed robbery charges, it is essential to speak with an experienced criminal defense attorney who can help you build a strong defense. There are several ways to defend against these charges, and an attorney can advise you on the best approach for your case.
Armed Robbery Charges Defense Strategies
Your attorney may help you find if law enforcement violated your rights through unlawful searches or seizures. Some other common defenses for armed robbery include:
- Lack of intent: Your attorney may use this defense if you:
- Did not intend to rob the victim
- Did not use or threaten the use of a weapon during the robbery
- You were not armed with a deadly weapon
- The victim was not injured or harmed during the robbery
- Duress: Your attorney may use this defense if you were forced to commit armed robbery under threat of harm or death and can show that you had no reasonable alternative but to commit the crime.
- Coercion: Your attorney may use this defense if someone forced you to commit armed robbery because of threats or intimidation.
- Self-defense: If you can show that you used or threatened to use force to protect yourself or another person during the robbery, you may be able to use self-defense as a defense against armed robbery charges. It is important to note that self-defense is not always a valid defense, and your attorney will need to carefully review the facts of your case to determine if it applies.
If you face charges for armed robbery, work with an experienced criminal defense attorney who can help you build your case. Under North Carolina law, armed robbery can carry significant penalties, including prison time and fines. It is important to remember that you are innocent until proven guilty, and the prosecution must prove each and every element of the crime beyond a reasonable doubt.
Penalties If Convicted of Armed Robbery
If convicted of armed robbery, you will likely face Class D felony charges. Even if you only aid or abet the crime, you face the same penalty. Aiding and abetting a crime means that you helped someone else commit a crime, and a court of law can hold you just as responsible as the person who actually committed the crime.
Armed robbery or aiding and abetting armed robbery charges come with penalties of 38 to 160 months in prison, fines, and possible community penalties such as probation. You could spend over 13 years in prison for armed robbery in addition to thousands in fines and a lengthy probation period.
Your sentencing largely depends on the judge, the factors involved in your crime, and your criminal history. However, the most significant factor determining your penalty is your defense.
Speak with an experienced criminal defense attorney if you face charges for this crime. An attorney can advise you of your rights and help protect your interests.
Bottom Line
Armed robbery is a serious crime that can come with severe penalties. If convicted of armed robbery, you could face prison time and fines. It is important to remember that you are innocent until proven guilty, and the prosecution must prove each and every element of the crime beyond a reasonable doubt.
With the help of an experienced criminal defense attorney, you can fight the charges against you and protect your rights.
We Can Help
If you have charges pending for robbery, contact us at Scharff Law today and get started on your defense. We investigate your case from all angles and help you determine the best defense strategy for your particular case. With our help, you can fight against your armed robbery charges and work to protect your freedoms.
References:
- “Going Armed to the Terror of the Public” State v. Dawson, 272 N.C. 535, 541-42 (1968); State v. Staten, 32 N.C. App. 495, 496-97 (1977) (citing Dawson)
- Felony Penalty Chart in NC
- Article 17. Robbery. § 14-87. Robbery with firearms or other dangerous weapons. (a) Any person or persons who, having in posse