Robbery is a crime that involves physically taking or attempting to take someone’s personal property through the use of force. It also includes the threat of force. Robbery is a crime that is more serious than theft or larceny and is considered a violent crime. Punishments are in place both on the state and federal levels for those who are found guilty of robbery. If you have been charged with robbery it is advisable to seek immediate help from an experienced criminal defense attorney in the Mooresville Lake Norman area.Robbery Charges
Burglary, theft, and larceny occur when the victim is not present. Robbery charges are different from burglary or larceny charges because with robbery at least one victim must be physically present. In robbery, personal property includes property that is on the victim’s person. The victim does not need to be the actual owner of the property as long as he or she was in legal possession of it at the time of the robbery. Personal property does not include land or buildings.
Simple robbery without possession of a firearm or dangerous weapon is a Class G felony. A robbery can occur in almost any location such as on the street, in someone’s residence, in a place of business or in a bank. The most important consideration when charging the crime as a robbery is that there must be someone else present. If there is no person present, the crime is considered a burglary. The exception, however, is if the crime was intended to be carried out with another person present. Then, it may still be charged as a robbery.Armed Robbery
Armed robbery is more serious than simple robbery because there was the use of a weapon. The commission of a robbery while in possession of a dangerous weapon such as a gun is called armed robbery. Armed robbery is a Class D felony. Anyone who was involved in the commission of the crime can be charged with a Class D felony. This may be considered aiding and abetting a person in the commission of an armed robbery.
This means that although you may not be the person who held the weapon, you may still face the same classification of charges as the person who did. Examples of aiding and abetting are taking part in the crime as a lookout, driving the getaway car or helping plan and encourage the crime.Penalties
Those who are charged with robbery or armed robbery face a number of penalties if convicted. You could face a jail sentence, fines and probation, among other punishments. Those who have previously been convicted of the same crime are subject to enhanced punishments in North Carolina. An armed habitual felon status is reserved for those were convicted or pled guilty to a firearm-related felony in the past. An armed habitual felon charge is a Class C felony is separate from the original robbery charge and if guilty is subject to additional penalties.
If you are found guilty of both the original armed robbery charge and the armed habitual felon status, you will face a minimum prison sentence of 120 months. It is important to note that this sentence cannot be substituted with probation or suspended. It is imperative that if you are facing these charges you contact a knowledgeable criminal defense attorney immediately.
The armed habitual felon charge is serious. Convicted felons are not allowed to legally own a firearm. Therefore, if you used a gun to commit a robbery you were illegally in possession of the firearm. In North Carolina, you are allowed to petition for the restoration of your civil rights after a period of 20 years following a felony gun charge conviction. If you are convicted of a second offense, you will not be allowed to petition for your rights at any time so you will not be allowed to own a firearm again.Protect Your Rights
Keep in mind that you will not face penalties until and unless you are found guilty of a crime. There are many ways that a criminal defense attorney in Mooresville will help protect your rights and aggressively defend your case. Robbery charges can be complex and often are charged along with some additional charges. If you are found guilty, even if this is your first offense, the penalties are severe and will negatively impact your life.
When you are charged with robbery or any other criminal charges, you need help from a team of attorneys with experience handling even the most complex of circumstances. Contact Arnold & Smith, PLLC today for a consultation.