Robbery/Theft - Plumides, Romano & Johnson, pc

WHAT ARE THE DIFFERENT TYPES OF ROBBERY?

Robbery charges can generally be boiled down into two categories: common-law robbery and armed robbery.

COMMON-LAW ROBBERY

To successfully prosecute this charge under N.C.G.S. § 14-87.1, the State has to prove each of the following beyond a reasonable doubt:

A “taking”: That you took property from another person. To constitute a taking, the defendant must have had the property under their control or in their possession, even if only for an instant;
A “carrying”: That you then carried the property away. North Carolina’s Pattern Jury Instructions for common-law robbery state that even the “slightest movement” can be considered a carrying;
A lack of consent: The person did not voluntarily give permission for you to take and carry away the property;
At the time of the taking and carrying, you must have had the intent to deprive that person of the property permanently (an intent to deprive only temporarily does not count);
You knew that you were not entitled to take the property. This means that if you honestly believed you were entitled to take the property, this element is not met; and
The taking was accomplished by either putting the person in fear or by violence.

ARMED-ROBBERY

The two types of armed robbery are governed by N.C.G.S. § 14-87.

In order to be convicted of robbery with a dangerous weapon (other than a firearm), in addition to the first five elements above, the State must additionally prove that you possessed a dangerous weapon at the time of offense. In determining whether an instrument is considered a dangerous weapon, the jury can consider the weapon’s nature, the manner in which it was used; and the differences in strength and size between the you and the alleged victim.
The other type of armed robbery is robbery with a firearm. For this, the State must additionally prove that you obtained the property by either threatening or endangering the life of the other person with the firearm. However, North Carolina courts have held that merely possessing a firearm during the offense does not count as threatening or endangering the person’s life.

WHAT IF IT WAS A FAKE GUN?

Even if the weapon brandished during a robbery was a fake gun or fake representation of a gun (think finger guns under a shirt), this can still count as Armed Robbery as long as it reasonably appeared to the other party that it was a firearm being used!

WHAT ARE THE PUNISHMENTS FOR EITHER TYPE OF ROBBERY?

Common-law robbery is a Class G felony, which is punishable by up to 47 months in prison (if you had the highest criminal history level and received an aggravated sentence). Either type of armed robbery is a Class D felony, punishable by up to 204 months in prison.

ROBBERY

WHAT ABOUT ATTEMPT?

Attempted Common-Law Robbery is a Class H felony, punishable by up to 39 months in prison.

Attempted Armed Robbery is a Class E felony, punishable by up to 88 months in prison.

FELONY CLASSIFICATIONS

Felony Classifications in North Carolina from most serious to least serious, with examples of offenses from these categories:

High-level Felonies

Class A offenses are deemed the most serious. They include murder in the first degree and the unlawful use of a nuclear, biological or chemical weapon of mass destruction. The maximum penalty for this type of offense is life in prison or death.

Along with Class A, other high-level felonies include Class B1 or B2, Class C, and Class D. Examples of offenses in these categories include: First-degree sexual offense Second-degree murder, Second-degree rape, First-degree kidnapping, Voluntary manslaughter, Armed robbery

Mid-Level Felonies

This includes Class E, F or G offenses. Punishments for these crimes vary widely with some defendants receiving intensive and prolonged probation and others receiving long prison sentences. Certain drug trafficking crimes in this category carry mandatory minimum jail sentences.

Child abuse Assault with a firearm on a law enforcement officer Common-law robbery Assault with a deadly weapon Arson of public buildings Habitual impaired driving.

Low-Level Felonies

Class G and I offenses do not carry a mandatory minimum sentence that requires jail time. Often, probation, house arrest, community service or substance abuse counseling is imposed as punishment instead of jail time. Maximum penalty for a Class I offense is 24 months in jail

Class I offenses are the least serious. They include: Possession of marijuana Financial transaction card theft Forgery of notes, checks or securities Breaking or entering motor vehicles.

Felony Classes A-D

Prison Sentences
Class A felony: death, or life with or without parole. Class B1 felony: 144 months to life without parole. Class B2 felony: 94 to 393 months. Class C felony: 44 to 182 months. Class D felony: 38 to 160 months.

Felony Classes E-G

Prison Sentences
Class E felony: 15 to 63 months
Class F felony: 10 to 41 months
Class G felony: 8 to 31 months

Felony Classes H-I

Prison Sentences
Class H felony: 4 to 25 months Class I felony: 3 to 12 months

NORTH CAROLINA

ROBBERY CHARGES & LAWS

Article 17. Robbery. § 14-87. Robbery with firearms or other dangerous weapons.

(a)Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts to take personal property from another or from any place of business, residence or banking institution or any other place where there is a person or persons in attendance, at any time, either day or night, or who aids or abets any such person or persons in the commission of such crime, shall be guilty of a Class D felony.

(a1)Attempted robbery with a dangerous weapon shall constitute a lesser included offense of robbery with a dangerous weapon, and evidence sufficient to prove robbery with a dangerous weapon shall be sufficient to support a conviction of attempted robbery with a dangerous weapon.

(b),(c) Repealed by Session Laws 1979, c. 760, s. 5.

(d)Repealed by Session Laws 1993, c. 539, s. 1173. (1929, c. 187, s. 1; 1975, cc. 543, 846; 1977, c. 871, ss. 1, 6; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, ss. 12, 47; 1981, c. 63, s. 1; c. 179, s. 14; 1993, c. 539, s. 1173; 1994, Ex. Sess., c. 24, s. 14(c); 2017-31, s. 1.)

Article 17. § 14-87.1. Punishment for common-law robbery.

Robbery as defined at common law, other than robbery with a firearm or other dangerous weapon as defined by G.S. 14-87, shall be punishable as a Class G felony. (1979, c. 760, s. 5; 1993, c. 539, s. 1174; 1994, Ex. Sess., c. 24, s. 14(c).)

Article 17. § 14-88. Train robbery.

If any person shall enter upon any locomotive engine or car on any railroad in this State, and by threats, the exhibition of deadly weapons or the discharge of any pistol or gun, in or near any such engine or car, shall induce or compel any person on such engine or car to submit and deliver up, or allow to be taken therefrom, or from him, anything of value, he shall be guilty of train robbery, and on conviction thereof shall be punished as a Class D felon. (1895, c. 204, s. 2; Rev., s. 3765; C.S., s. 4266; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1175; 1994, Ex. Sess., c. 24, s. 14(c).)

Article 17.§ 14-89.1. Safecracking

(a) A person is guilty of safecracking if he unlawfully opens, enters, or attempts to open or enter a safe or vault :
(1) By the use of explosives, drills, or tools; or
(2) Through the use of a stolen combination, key, electronic device, or other fraudulently acquired implement or means; or
(3) Through the use of a master key, duplicate key or device made or obtained in an unauthorized manner, stethoscope or other listening device, electronic device used for unauthorized entry in a safe or vault, or other surreptitious means; or NC General Statutes – Chapter 14 Article 17 2
(4) By the use of any other safecracking implement or means.
(b) A person is also guilty of safecracking if he unlawfully removes from its premises a safe or vault for the purpose of stealing, tampering with, or ascertaining its contents.
(c) Safecracking shall be punishable as a Class I felony. (1961, c. 653; 1973, c. 235, s. 1; 1977, c. 1106; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1176; 1994, Ex. Sess., c. 24, s. 14(c).)

N.C.P.I.—Crim 217.10 COMMON LAW ROBBERY. FELONY. CRIMINAL VOLUME REPLACEMENT JUNE 2016 N.C. Gen. Stat. §§ 4-1, 14-87.1 - 217.10 COMMON LAW ROBBERY. FELONY

The defendant has been charged with common law robbery, which is taking and carrying away personal property of another from his/her person or in his/her presence without his/her consent by violence or by putting him/her in fear, and with the intent to deprive him/her of its use permanently, the taker knowing that he/she was not entitled to take it. For you to find the defendant guilty of this offense, the State must prove six things beyond a reasonable doubt: First, that the defendant took property from the person of another or in the person’s presence.1 Second, that the defendant carried away the property.2 Third, that the other person did not voluntarily consent to the taking and carrying away of the property. Fourth, that at that time, the defendant intended to deprive the person of its use permanently.3 Fifth, that the defendant knew the defendant was not entitled to take the property.4 And Sixth, that the taking was by violence or by putting the person in fear. If you find from the evidence beyond a reasonable doubt that on or about the alleged date, the defendant took and carried away property from the person or the presence of a person without that person’s voluntary consent, by violence or by putting that person in fear, the defendant knowing that defendant was not entitled to take it and intending at that time to deprive the person of its use permanently, it would be your duty to return a verdict of guilty. If you do not so find or have a reasonable doubt as to one or more of these things, it would be your duty to return a verdict of not guilty.5

1 If there is evidence of conduct which would constitute “taking” but there is also evidence that the defendant’s conduct fell short of what would constitute “taking,” add the following to this element: “To constitute a taking the defendant must have the property in his possession or under his control, if only for an instant. There must be a severance of the property from the owner’s possession.” See State v. Carswell, 296 N.C. 101 (1978).
2 If there is some dispute as to asportation, the jury should be told that the slightest movement is sufficient.
3 In the event that there is some dispute as to permanent deprivation, the jury should be told that temporary deprivation will not suffice. But cf. State v. Smith, 268 N.C. 167 (1966).
4 In the event that a defendant relies on claim of right, the jury should be told that if the defendant honestly believed he was entitled to take the property, he cannot be guilty of robbery.
5 If there is to be instruction on lesser included offenses, the last phrase should be: “. . . you will not return a verdict of guilty of common law robbery.”

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