What Is The Difference Between Burglary and Robbery?

North Carolina recognizes the crime of armed robbery and common law robbery. Robbery is often associated with burglary or theft. There are key differences when it comes to how robbery charges are prosecuted in North Carolina, however. Robbery involves violently removing the property from another person. In North Carolina, robbery can be considered both a theft and a violent criminal charge. Robbery is more severe than burglary or theft.

If you are facing a robbery charge in North Carolina, you need to speak with an attorney as soon as possible. At Arnold & Smith, PLLC, we have extensive experience defending clients against serious criminal charges. In addition to facing jail time, you could face social stigma, difficulty finding jobs and difficulty securing loans should you face a criminal conviction. Contact the experienced criminal defense lawyers at Arnold & Smith, PLLC today to schedule your initial consultation.

Both common law robbery and robbery with a dangerous weapon are felony charges that come with the possibility of over a year in jail. Robbery is defined as using the threat of force or direct force to physically remove an item from the possession of the victim. Common law robbery is usually tried as a class G felony in North Carolina, punishable by up to 47 months in prison.

Common law robbery is taking another person's property by using a threat of force or by using force. When the robbery involves the use of a dangerous weapon, the prosecutor will bring more serious "robbery with a dangerous weapon" charges.

Robbery with a deadly weapon is an extremely serious crime. Indeed, robbery with a dangerous weapon is a Class D felony. This crime is punished by up to 204 months in prison. Additionally, the crime of aiding or abetting a robbery is a Class D felony. The elements of robbery with a dangerous weapon include the following:

• The defendant has in their possession, or uses, or threatens to use
• Any firearm or other dangerous weapon, and
• A person's life is endangered or threatened by the use of the dangerous weapon,
• And the defendant unlawfully takes or attempts to take personal property
• From another residence, person, business, etc.
• Where there is another person or persons in attendance

It does not matter whether or not someone commits robbery at night or during the daytime. The North Carolina Supreme Court has stated that hands and feet alone do not constitute a dangerous weapon. In other words, using hands or feet to threaten someone or endanger them does not constitute using a dangerous weapon. The dangerous weapon must be something other than a defendant's physical person.

Many people do not understand the difference between robbery and burglary and how these crimes compare to other theft crimes. The main difference between burglary and robbery is the defendant's intent to commit the crime of larceny or a felony while inside. Burglary involves the intent to steal, but theft is not necessarily an element of the crime. Burglary may not involve a theft crime at all, but it could involve another felony. On the other hand, the crime of robbery always includes the intent to commit a theft crime.

A robbery conviction comes with a heavy sentence. Hiring a skilled Charlotte lawyer in your robbery case will help you as you fight to avoid extremely harsh penalties. At Arnold & Smith, PLLC, our lawyers have the trial experience necessary to fight vigorously on behalf of our clients in court and outside of court. The sooner you hire an experienced criminal defense lawyer, the better for your defense. Contact our Charlotte criminal defense law firm as much as possible to schedule your initial consultation.