Robbery is considered a violent crime, which means that if you are charged with robbery, you will be charged with a felony. Unfortunately, felony convictions or “guilty” pleas to felony charges can have serious consequences. You may have to report the conviction to your employer or professional association, you may have to disclose it on future employment applications and may not be eligible to vote or possess a firearm. Avoiding a felony conviction should be your goal and as experienced North Carolina robbery defense attorneys, it is our primary goal in each of our robbery cases.
Types of Robbery Charges
You may or may not know that robbery cases in North Carolina generally fall into two categories: 1. Armed robbery; and 2. Common law robbery.
- Armed robbery is the common name for legal charge of “robbery with a firearm or other dangerous weapon.” This is the more serious robbery charge in North Carolina and is a Class D Felony. It also falls within the structured sentencing requirements for both first-time and repeat offenders.
- Common law robbery is robbery without a firearm or dangerous weapon. This is also a serious charge and is a Class G Felony. While it calls for a shorter minimum sentence, it also falls under the structured sentencing guidelines.
Sentencing for Robbery in North Carolina
Structured sentencing guidelines and requirements were put into place to ensure consistent sentencing for specific crimes across North Carolina. While it is helpful to know what sort of sentence you may be facing, it also means the prosecutors have less room for negotiation on certain charges and that the judges have very limited ability to customize sentences after pleas or verdicts. Because of the sentencing guidelines, presenting a strong case to defeat or reduce the initial charge is extremely important. If you would like to know more about structured sentencing, please take a look at the link provided on our resource page.
How Our Robbery Defense Attorneys Can Help
At Powers McCartan we have successfully represented a number of people accused of robbery and we believe that our confidence and experience are some of the greatest tools we can offer our clients. However, as no two cases are identical, we provide customized representation in each case. We will take the time to discuss the specifics of your situation and work with you throughout the process. As seasoned North Carolina robbery defense lawyers, we can explain what the mandatory sentencing requirements are for the charge you are facing and we can devise a strategy to present the most comprehensive defense possible.
Robbery Defense Lawyers That Work for You
We understand that things happen and you never intend to need the services of a defense attorney. We want you to know that your criminal case does not have to be a lonely experience; your North Carolina robbery defense attorney at Powers McCartan will be in your corner the entire time. The first step to getting an ally on your side is picking up the phone and calling Powers McCartan at (704) 342-4357. We are waiting for your call and we will be happy to discuss the specifics of your case with you.
Modified Transcription of “North Carolina Robbery Lawyers” for the Hearing Impaired
Hi there, I’m Bill Powers and if you’re looking at this page, you have questions about robbery. Robbery with a dangerous weapon, robbery with a gun, common law robbery. And first thing I want to let you know is we’re here to help. We’re here to help explain the nature and the circumstances of these particular type of charges. And chances are, not in every instance, but chances are you’re a loved one, you’re not necessarily the person who’s been charged with robbery but a friend, a family members, someone who cares about someone else that may be incarcerated, may be in jail. And so, I want to explain to you from a satellite view, which means bigger, looking down on Earth, down to a little bit of a more granular issue, how we address robbery cases in North Carolina.
Now, robbery traditionally is basically a larceny with the use of force or a weapon. There are definitions in North Carolina and other states as to what they are specifically. We oftentimes refer to it as a common law type of offense. These are offenses that have been around since the time we were a colony, we had a king and we had a law that everyone in the land do. That’s what we refer to as common law, common knowledge. And so in most simple terms, robbery is the taking of something valued, a piece of property, it could be money, it could be something else, with the use of force or threat of use of force.
So you may hear a charge of robbery with a dangerous weapon and on the computer databases sometimes you see RWDW. Robbery with dangerous weapon. And a weapon could be a gun, it could be robbery with a knife, it could be robbery using a baseball bat or something else. And so when we see armed robbery that’s what we’re referring to is being armed with a weapon. That’s sort of what we’re talking about.
Now there’s also another type of offense and it’s still very very serious. It’s called common law robbery, as I mentioned to you, we had what common law was. And it’s the use or threat of force in order to steal something.
Now sometimes people refer to robbery in a more general sense and, “My house was robbed last night. Someone robbed my car.” And I think we all get what that means but it’s not the same. So if you break into someone’s house at night with the purpose of stealing something, maybe that’s a burglary. Or maybe you break into a car, we’re referring to is breaking and entering, and you take something, it’s breaking and entering and larceny after taking. Robbery is a specific thing. Robbery is more a crime, a personal crime. It’s face to face. So if you’re watching this page and you say, “Oh, okay, this isn’t between two people, this is someone that’s charged with breaking into a house”, then I encourage you to look at our webpage and look under burglary. Look at breaking and entering, look at larceny or those types of offenses.
If this a stickup in the traditional word, I guess use of the word, “I went to McDonald’s and we had a gun and we took some money”, that’s robbery. But we also see these robbery cases where, for example, sometimes you see them in a high school where the bully says, “Give me your lunch money” and that use of force, that strength that bully has to force someone to give something up, their lunch money, that’s a felony. That’s a serious felony. That’s the common law robbery.
Now there are other types of offenses we see associated with robbery. Sometimes we see possession of a firearm and a firearm could be basically a gun, it could be a pistol. Sometimes we see possession of firearm by a felon, meaning that you have a prior felony conviction and you’re not allowed to own a gun under either North Carolina or federal law. Obviously that’s a separate set of circumstances but if you have a felony and you have committed a robbery and you have a gun at the time, maybe you have a possession of firearm by felon. Maybe you have multiple felonies in the past. It was a drug charge or a burglary charge or something else. And then you have this magic number of prior felonies and then you get this one, that could be habitual felon, habitual meaning that they say habitually commit these types of offenses.
And so robbery charges often are accompanied with other types of charges. It could be firearm by a felon, it could be habitual felon, sometimes we see kidnapping charges where there’s a restaurant or something and they come in with a gun and they say, “Get in the cooler” or they hold people down to the ground or they move them from one place to another. That could technically be kidnapping. Sometimes we see assault charges with robberies where someone’s hurt, they’re struck with a weapon, or again, pushed down to the ground.
And so there are a lot of different charges and ultimately sometimes robbery we see the most serious types of charges, not to say that robberies aren’t serious but the most serious type of charges, we see murder cases where a client will come in or a family member will come in and say, “They just wanted the money, they never meant for anyone to get hurt” and something bad happened and now there’s a fatality. Someone was killed during the commission of that felony. And we’re looking at murder, first-degree murder, second-degree murder, manslaughter. It’s very very fact-specific.
As you can probably tell, it’s complicated. As you can probably tell, it’s very very serious. This isn’t just a minor little charge. This is something that I encourage people right off the bat, whether you’re the person charged or someone, like I said, who cares about that person charged, ask for a lawyer. Exercise your constitutional rights. When we hear stories from people that say, “Well, they told me it’d go better if I told the truth” or “They told me I didn’t need a lawyer” or “I felt pressured”, I really have a problem with that because even if you’re going to cooperate, it’s always a good idea to have a lawyer present with you.
And another factor to talk about in these things is remember, they record phone calls, they record interviews in jail all the time. So don’t assume just because you’re talking on the phone, sometimes people forget that’s being recorded. So it’s better to not talk about it at all, not talk about it with friends, not talk about with family, have a lawyer come in and see you in jail. Have a lawyer explain the nature and circumstances of the charges and how important it is to exercise your constitutional rights.
And then, last thing people want to know from us and I would encourage you to call to get more information is what’s this going to cost? Well, it depends. It depends on the nature and the circumstances of the charges. Is it a common law robbery and we have a bully situation in a school? You might imagine that’s less serious than going to a store and holding a pistol and taking money or robbing a bank, which could actually involve federal charges. There are state charges for these, there are federal charges for these things. Sometimes we see charges go in both directions. Call us. We offer a free confidential consultation. There’s no arm twisting. We’ll explain to you the different charges, we’ll look online. We have access to the different databases so we can tell you if there are pending warrants, we can tell you what the charges are if they’ve been entered in the system.
Thank you for watching this video. I’d encourage you to look at the other videos and give us a call. We offer help, that’s why our telephone number is 342-HELP. That’s 704-342-HELP. We’re here to help you and we’ll travel throughout the state of North Carolina helping you out if that’s in your best interest. Look forward to hearing from you.