Is Robbery A Felony In North Carolina?
The classification and required elements of robbery in North Carolina.
Simply put, a North Carolina robbery is a felony. But the circumstances of the offense will decide whether the offender will face a few months in prison or the next twelve years behind bars. Furthermore, the legal definition of robbery differs slightly than what most consider robbery. These small details could mean the difference between felony robbery and misdemeanor theft. Read on to better understand the requirements for a robbery conviction and the possible penalties.
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What is Common-law Robbery?
A common-law robbery occurs when a person takes money or personal property from another person by use of violence or fear. The simplest example would be a schoolyard bully that takes things through fear and intimidation. Common-law robbery includes the use of violence and threats but does not extend to use of deadly weapons or threats against someone’s life.
Common-law robbery is often charged in tandem with other offenses like assault or battery. A person that places another in imminent danger of harm (assault) and uses that danger to obtain money (robbery) can be charged with both offenses.
Common-law robbery is a Class G felony and is punishable by eight to 31 months in prison. The court has discretion is the assessment and size of any fine but will often order restitution for any victims.
What is Armed Robbery?
Also called robbery with a deadly weapon, armed robbery is a Class D felony and requires three elements:
- the unlawful taking or attempted taking of personal property from another
- the possession, use or threatened use of firearms or other dangerous weapon, implement or means, and
- danger or threat to the life of the victim.
Common examples of armed robbery include holding up a gas station at gunpoint or using a knife to mug someone. A conviction does not require the offender to make an overt threat if the brandished weapon presents a clear danger to the victim’s life. A conviction does require that the victim have a reasonable belief that his or her life was in danger.
Armed robbery is often charged in tandem with other offenses life aggravated assault and even murder. Even if the offender intended to only rob but not assault, or only assault and not rob, both charges will be upheld if the elements are proven in court.
As a Class D felony, armed robbery carries 38 to 160 months in prison and a court-prescribed fine. The court will often order restitution to be paid to the victims.
What Defenses are Available to a Robbery Charge?
While robbery does require a specific intent to deprive another person of property through the use of threats or violence, courts have interpreted this “intent” requirement rather loosely. Even if the offender’s original intent was not to rob, a conviction can be upheld if the elements are present. Likewise, taking the property of another (such as a cell phone) only to throw it away, still counts as robbery.
For persons charged with robbery, the best option is to consult with an attorney skilled in evidence suppression and plea negotiations. If evidence such as a picture or video cannot be properly established in court, the evidence may be excluded. Similarly, an attorney may be able to leverage certain case weaknesses to negotiate a lesser plea of misdemeanor theft.
Citations:
N.C. Gen. Stat. Ann. § 14-87.1 Common-law robbery
State v. Herring, 322 N.C. 733, 739, 370 S.E.2d 363, 368 (1988) Common law robbery
State v. Guy, 262 N.C. App. 313, 320, 822 S.E.2d 66, 73 (2018) Elements of armed robbery.
N.C. Gen. Stat. Ann. § 15A-1340.17 Felony penalties.
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