Robbery in South Carolina – Criminal charges vary by jurisdiction. This means the elements, punishments, and definitions of those crimes are not universal. A crime that most people have heard of is robbery. Most states have some sort of robbery statute, and South Carolina is no different.
In this blog, we will discuss robbery in South Carolina, and what the state must prove beyond a reasonable doubt, regarding that crime. Like all our blogs, this blog is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a criminal defense attorney.
What is Robbery?
In its most basic form, robbery is the unlawful taking of the property of another by force, or by using the threat of force. In South Carolina, robbery is typically considered property crime and is always a felony.
Types of Robbery in South Carolina
Common Law Robbery
- Common law robbery is the unlawful taking of the property of another by force or threat of force, and usually is applicable when there was no weapon used.
- Upon conviction of common law robbery, the defendant must be imprisoned for no more than fifteen years.
Robbery armed with a dangerous weapon
- If a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is used during the commission of a robbery, robbery armed with a dangerous weapon applies.
- Also, if the defendant represents to possess one of those weapons during the commission of a robbery, AND the victim reasonably believes that one of those weapons is present during the commission of the robbery, robbery armed with a dangerous weapon also applies.
- In South Carolina, a conviction of robbery armed with a dangerous weapon carries a minimum sentence of ten years imprisonment with a possible maximum prison term of thirty years.
- No part of that sentence may be suspended nor can probation be granted.
Train Robbery
South Carolina statutes still account for two types of train robbery crimes:
- Train robbery by stopping a train
- A defendant convicted of stopping a train by force for the purposes of robbing anyone aboard that train would face a prison sentence of at least two years with a maximum prison term of twenty years.
- Robbery after entry on a train
- A defendant who is convicted of committing a robbery aboard a train will be sentenced to a prison sentence of no less than ten years with a maximum prison sentence of twenty years.
Robbery of operators of motor vehicles for hire
- For this particular robbery to apply, it requires that a person who, while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, robs or attempts the robbery of a person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire.
- Punishment for this crime is a term of imprisonment between ten and thirty years.
- No part of the prison sentence can be suspended nor can probation be granted.
North Carolina Robbery
For information on robbery charges in North Carolina, check out our blog here.
Criminal law can be complicated and can involve serious consequences. If you have been charged with a crime in North or South Carolina, contact us.