At Randall & Stump, PLLC, we can help you understand your rights, the charges you face, and potential defense strategies that may be available after an arrest for robbery. Attorneys at our criminal defense firm wrote the book on North Carolina criminal procedure. We also have handled these cases in both state and federal courts throughout North Carolina.
The Difference Between Robbery And Burglary
North Carolina statute N.C.G.S. 14-87 defines robbery as:
- A person who threatens use of a firearm or another dangerous weapon
- That endangers the life of another person
- In an attempt to take personal property from a business, residence or bank
Anyone who helped in or facilitated the robbery could also be charged with the crime. The charge is a Class D felony.
Often, people confuse robbery with burglary. The difference between the two crimes — robbery must be committed in the presence of the alleged victim — is what makes robbery a more severe crime.
For a robbery charge, there also must be either an act of violence or threat of violence by the accused. In North Carolina, common law robbery is punished as a Class G felony, but it may be enhanced depending on the facts, such as if a deadly weapon was used. If you face robbery charges, it is important to speak with an experienced criminal defense attorney before making any statements to anyone, specifically police.
From State To Federal Offense Based On Charging Decisions
A growing trend by the United States Attorney’s Office in North Carolina is to charge robbery offenses, which originate in state court, under the Hobbs Act. This means you might now be facing federal charges and a potentially much more severe punishment. Be certain that the attorney you hire has the experience and knowledge to handle your case, regardless of the court in which it is prosecuted.
Specific defenses might exist based on what happened. For instance, if you made a statement without receiving a Miranda rights advisory, what you said might not be admissible. This could be one way to correct a mistake, but it is best to not talk in the first place. In other cases, we might be able to fight to block the prosecution from using certain evidence.