Robbery is often associated with theft or burglary, but there are distinct difference regarding the charges and how they are prosecuted in the North Carolina Judicial system. It is essential to know the difference and how to protect your rights if charged with robbery. Due the commonly violent nature of a robbery, the crime can be both a theft and violent criminal charge.
Robbery in North Carolina
The nature of robbery instantly makes the crime more severe than burglary or theft. Robbery is defined as using force or the threat of force to physically remove an item from a victims possession with the intent of stealing. This must happen in person. If the victim is not present, then the charge should be burglary or theft.
2 Primary Robbery Charges in North Carolina
Armed Robbery Cases
Includes the use of dangerous weapons such as a gun or knife in order to commit the robbery. An arrest for armed robbery is a very serious charge and should not be taken lightly.
If you are determined to have used a deadly weapon to commit a robbery, there is the potential for a class D felony charge. Weapons automatically position a guilty verdict to include mandatory prison time.
Aiding and Abetting
Helping to facilitate an armed robbery or helping a individuals who may have committed an armed robbery can result in a Class D felony charge.
Common Law Robbery
Typically tried as a class G felony which reduces the potential of active prison sentencing. However, if this is a second offense the habitual felon statute takes effect with a second conviction and leads to mandatory sentencing.
Class C Felony Conviction
Federal and State gun rights have been stripped from felons and any charge that includes a gun qualifies for Class C felony status.
A guilty verdict for a new armed robbery charge added to a habitual felon status carries a minimum sentence of 120 months imprisonment. No probation or suspended sentences will be offered with this conviction.
What if Charges Occurred After Citizenship Rights Were Restored?
This is an exception that should be used for your case should it apply. If you have previously been charged with an armed robbery and have “paid your dues to society” you may be eligible for gun rights restoration. A petition to the NC Judicial system to review your status must be issued after the 20 year probate period FOLLOWING the final date of restitution.
IF you have been awarded rights and but have now been charged of an armed robbery, a Class C Felony might not apply to your situation and you could be incorrectly charged.
Request a Consultation With a Criminal Lawyer
A charge or robbery carries a heavy sentence if convicted. Selecting an experienced criminal lawyer in Raleigh for your robbery case is the best option to avoid harsh penalties. In many cases, a criminal law attorneys are the difference in long sentences or a not guilty verdict.
Contact our team to help with your case by calling 919-615-2473 or complete the form below.
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