Kara Sears
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Robbery is differentiated from other forms of theft, such as burglary, shoplifting, pickpocketing, or car theft, by its inherently violent nature. In the United States, robbery is generally treated as an aggravated form of common-law larceny. The sentence for a robbery conviction depends on the jurisdiction and the person's record. For example, in North Carolina, common law robbery is a class G felony, punishable by up to 47 months in prison. In contrast, robbery with a dangerous weapon is a more serious offense, punishable by up to 204 months in prison. In South Carolina, common law robbery is punishable by up to 15 years in prison, while robbery with a deadly weapon carries a minimum sentence of 10 years and a maximum of 30 years.
| Characteristics | Values |
|---|---|
| Definition | Taking or attempting to take anything of value by force, threat of force, or use of fear |
| Definition (common law) | Taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear |
| Differentiation from other forms of theft | Robbery is inherently violent in nature |
| Sentence (California) | 9 years |
| Sentence (North Carolina) | 47 months |
| Sentence (South Carolina) | 15 years |
| Sentence (UK) | 14 years |
| Sentence (UK, with personal violence) | Life imprisonment |
| Sentence (UK, with assault and intent to rob) | 5 years |
| Sentence (with a deadly weapon, South Carolina) | 10-30 years |
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What You'll Learn
Common law robbery vs. robbery with a weapon
Robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature. Robbery is generally treated as an aggravated form of common-law larceny.
Common law robbery is a felony in many jurisdictions. In North Carolina, common law robbery is a class G felony, punishable by up to 47 months in prison. The sentence can vary depending on the person's record. Someone with a good record could get probation, while someone at the low end of the scale would be looking at 8-19 months, and at the extreme high end, someone would be looking at around 3 years. In South Carolina, common law robbery is punishable by up to 15 years in state prison.
Robbery with a dangerous weapon is a more serious offense than common law robbery. Robbery with a deadly weapon carries a minimum mandatory sentence of 10 years in prison in the state of South Carolina, with a maximum penalty of 30 years in prison. In North Carolina, robbery with a dangerous weapon is a Class D felony, punishable by up to 204 months in prison. The use of a dangerous weapon must be something other than a defendant's physical person, such as a firearm or other deadly weapon.
In addition to the use of force or threat of force, the prosecution must prove all the elements of larceny to convict someone of robbery. The prosecution must show that the victim was placed in fear of force or violence, and that the victim's fear was reasonable and the result of the defendant's threats.
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Sentencing guidelines
Robbery is defined as the unlawful taking of personal property from another person with the use of force or the threat of force. Robbery is considered a violent crime and is a serious criminal offence. The sentencing guidelines for robbery vary depending on the jurisdiction.
In the state of California, robbery is classified as either first-degree or second-degree. First-degree robbery occurs when the robbery is committed against a victim in an inhabited house or building, and the defendant was accompanied by two or more individuals during the home-invasion robbery. The prison term for first-degree robbery is three, six, or nine years. On the other hand, second-degree robbery is punishable by two, three, or five years in prison.
In Louisiana, armed robbery is punishable by 10 to 99 years in prison without the chance of probation or parole. If a firearm was used during the robbery, five years are added to the sentence.
In North Carolina, robbery with a dangerous weapon is a more serious offence than common law robbery. It is a Class D felony, and the maximum sentence is 204 months in prison.
Federal sentencing guidelines also apply to certain robbery charges, such as aggravated robbery of a financial institution. Factors such as threats, injuries, kidnapping, and other events caused by the commission of the felony crime can significantly increase the time in federal prison.
When determining the sentence for robbery, judges consider various factors, including the value of the property stolen, the form of intimidation used, the presence of a deadly weapon, and the defendant's criminal history. Aggravated robbery typically results in heightened penalties or increased criminal liability.
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The impact of prior convictions
In North Carolina, common law robbery is a Class G felony, which carries a maximum sentence of 47 months in prison. However, the sentence can be significantly influenced by the defendant's prior record. While a first-time offender with a clean record may receive a more lenient sentence, such as probation, prior convictions, especially for violent or firearm-related offences, can result in a harsher punishment. For example, a prior conviction for a firearm-related offence could lead to an enhanced sentence under the Armed Habitual Felon sentencing guidelines, resulting in additional charges and mandatory minimum sentences.
In South Carolina, common law robbery, also known as strong-arm robbery, is a felony punishable by up to 15 years in prison. While prior convictions do not directly impact the maximum sentence, they can still affect the overall sentence and the possibility of alternative punishments. For example, a prior conviction could result in a longer sentence if the defendant is also convicted of other offences related to the robbery, such as assault or grievous bodily harm.
Additionally, prior convictions can have collateral consequences beyond the sentence for common law robbery. A criminal record, including prior convictions, can lead to social stigma, difficulty finding employment, and challenges in securing loans. Therefore, it is crucial for individuals facing robbery charges to seek legal representation to navigate the complexities of their specific circumstances and mitigate the potential impact of prior convictions.
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Defences to common law robbery
Robbery is a serious offence that is differentiated from other forms of theft by its inherently violent nature. Robbery is considered a felony in jurisdictions that distinguish between felonies and misdemeanours.
There are several defences that can be used in the case of common law robbery. Here are some strategies that a defendant can use to defend themselves against a robbery charge:
Lack of Force or Violence
One of the key elements that distinguish robbery from other forms of theft is the use of force or violence. If the defendant can demonstrate that they did not use force or violence to take the property, they may be able to avoid a robbery conviction. For example, if the defendant slipped something out of someone's pocket without the victim noticing, it would be considered larceny rather than robbery.
No Threat of Force or Violence
In some jurisdictions, robbery can also be charged when there is a threat of force or violence, even if no physical contact occurred. However, the prosecution must prove that the victim was placed in fear of force or violence and that this fear was reasonable. If the defendant can show that their actions did not put the victim in fear or that the victim's fear was unreasonable, they may have a defence against the robbery charge.
Absence of Intent to Deprive
To be convicted of robbery, the defendant must have intended to permanently or temporarily deprive the victim of their property. If the defendant can demonstrate that they did not have the requisite intent to steal, they may be able to avoid a robbery conviction. For example, if the defendant took the property as a prank or under a claim of right, they may argue that they lacked the necessary intent for robbery.
Alibi or Misidentification
In some cases, a defendant may be able to cast reasonable doubt on their identification as the perpetrator. They may provide an alibi, showing that they were elsewhere when the robbery occurred, or they may question the reliability of witness testimonies, especially in situations with poor visibility.
Plea Bargaining
While not necessarily a defence, a defendant may be able to negotiate a plea deal with the prosecutor. In some cases, the defendant may plead guilty to a lesser charge, such as larceny or assault, in exchange for the prosecutor dropping the robbery charge. This can result in a reduced sentence or more favourable terms.
It is important to note that the specific defences available may vary depending on the jurisdiction and the specific facts of the case. Defendants facing robbery charges should consult with a criminal defence lawyer who can advise them on the best course of action and present their defence in the most effective manner.
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Robbery and social stigma
Robbery is a felony in many states, and those convicted can face severe penalties, including lengthy prison sentences. For instance, in North Carolina, common law robbery has a maximum sentence of 47 months, while in South Carolina, it is punishable by up to 15 years in prison. Robbery with a deadly weapon carries even harsher sentences, with a minimum of 10 years and a maximum of 30 years in South Carolina. In North Carolina, robbery with a dangerous weapon carries a maximum sentence of 204 months.
The social stigma associated with robbery and other crimes is a significant factor that can have lasting consequences for individuals convicted of these offenses. Stigma refers to the negative perceptions and sense of disapproval that society places on individuals or groups based on certain characteristics or behaviors. In the context of robbery, societal deviance, which refers to acts that deviate from social norms and expectations, leads to stigma and stigmatization of the offender. This can result in social rejection, marginalization, and discrimination, impacting various aspects of their lives, including voting rights, housing, financial aid, and employment opportunities.
Research has shown that stigma can affect the behavior, emotions, and beliefs of stigmatized individuals. They may internalize negative stereotypes, leading to psychological problems such as depression, low self-esteem, and poor social interactions. The perception of being devalued by society can further contribute to negative outcomes. Additionally, stigma can shape self-perception, influencing how stigmatized individuals view themselves and their place in society.
The fear of social stigma associated with robbery and other crimes can also impact reporting and intervention efforts. Individuals may under-report offenses due to concerns about social stigmatization, affecting the accuracy of data and potentially hindering prevention and treatment initiatives. Understanding the social stigma associated with robbery is crucial for developing effective strategies to address the underlying causes of criminal behavior and promote rehabilitation and reintegration into society.
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Frequently asked questions
Common law robbery is the taking of property from a person or in the presence of a person by threat or force. This is sometimes referred to as "strong-arm robbery" and does not involve the use of a weapon.
Common law robbery is a felony. The punishment varies depending on the jurisdiction and the person's record. In North Carolina, common law robbery is a class G felony, punishable by up to 47 months in prison. In South Carolina, strong-arm robbery is punishable by up to 15 years in prison. In California, the maximum sentence for robbery is 9 years.
Robbery with a dangerous weapon is a more serious offense than common law robbery. It involves the use of a firearm or other deadly weapon and is punished more severely. In North Carolina, robbery with a dangerous weapon is a Class D felony with a maximum sentence of 204 months in prison. In South Carolina, robbery with a deadly weapon carries a minimum mandatory sentence of 10 years and a maximum sentence of 30 years in prison.
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