Being charged with a crime is one of the scariest situations someone can be in. When that crime is a high-level felony, like robbery, the stakes become high, and the consequences become severe. What should someone do when they are charged with robbery? In this blog we will discuss it. Like all our blogs, this is intended for general informational purposes only and not intended as substitute for the advice and counsel of a criminal defense attorney.
What does it mean to be charged with robbery?
All Robberies involve the use of force of the threat of force to unlawfully take something from another person. When there is weapon involved it makes the crime a lot more serious.
The consequences of being charged with robbery
In North Carolina when someone is charged with robbery, they are being accused of a felony, and if convicted they will be sentenced according to the North Carolina Sentencing Guidelines. Most commonly, when charged with Robbery; the charges of Robbery with a dangerous weapon which is a Class D Felony and Common Law Robbery which is a Class G felony are the most likely. A conviction of Robbery can lead to significant prison time, and all the collateral consequences of a felony conviction.
Defense when charged with robbery
When charged with robbery, the defendant should seek immediate legal representation. Like all other criminal cases there is only three ways this can end; a dismissal, a guilty plea, or a trial. When defending someone charged with robbery, the defense attorney must focus on the allegations and facts that are present in the discovery.
For the government to obtain a conviction every element of the crime must be proven beyond a reasonable doubt. In a trial setting the arguments from the defense can include but are not limited to the following:
- Making sure the government can prove that a Robbery took place at all
- Making sure the government can prove that the defendant can be positively identified by the alleged victim or through some other source.
- Showing the jury that there was not enough physical or testimonial evidence to substantiate the allegations
Like all criminal matters, the defendant has the presumption of innocence and he is innocent until proven guilty.