Violating North Carolina robbery laws can result in a Class C Felony and time in prison.
IN NORTH CAROLINA
LARCENY ESCALATING TO ROBBERY CHARGES
In North Carolina, what would otherwise be considered larceny quickly escalates into a robbery charge if the State claims a threat of violence was present. If you or a loved one is facing charges for any type of robbery, know that having a criminal defense attorney with experience aggressively defending against these types of charges is what stands between moving on with your life and serious time in prison. The seasoned attorneys at PRJ Law will tailor a powerful defense particularized to your unique situation.
What Are The Different Types Of Robbery?
Robbery charges can generally be boiled down into two categories: common-law robbery and armed 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.
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.
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!
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.
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 in North Carolina from most serious to least serious, with examples of offenses from these categories:
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
FELONY CLASSES A-D
Felony Classes A-D
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.
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
FELONY CLASSES E-G
FELONY CLASSES E-G
Class E felony: 15 to 63 months Class F felony: 10 to 41 months Class G felony: 8 to 31 months
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 H-I
FELONY CLASSES H-I
Class H felony: 4 to 25 months Class I felony: 3 to 12 months