Cameron Miranda
Common law robbery, also known as strong-arm robbery, is a felony in South Carolina. It is defined as the taking of property from a person or in the presence of a person by threat or force, without the use of a deadly weapon. The penalty for common law robbery in South Carolina is up to 15 years in prison, and it is important for anyone facing these charges to consult with an experienced attorney. Probation and youthful offender act (YOA) sentences may also be options in certain situations.
| Characteristics | Values |
|---|---|
| Definition | Taking property from a person or in the presence of a person by threat or force |
| Type of Crime | Larceny by force or intimidation |
| Other Names | Strong-arm robbery, highway robbery |
| Weapon Used | No |
| Felony | Yes |
| Prison Sentence | Up to 15 years |
| Minimum Sentence | None |
| Youthful Offender Act Sentence | Applicable for 17–25-year-olds, nonviolent offense, expunged after 5 years |
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What You'll Learn
Common law robbery defined
In South Carolina, common law robbery is defined as the forceful or threatening taking of property from another person, or from the presence of another person, without the use of a deadly weapon. This is otherwise known as "strong-arm robbery" and is distinct from armed robbery, which involves the use of a weapon. Common law robbery is a felony in South Carolina, and upon conviction, an individual can be imprisoned for up to 15 years. This is outlined in South Carolina Code Section 16-11-325.
Common law robbery is a serious charge that can have life-altering consequences. It is important to consult with a dedicated theft attorney or robbery lawyer who can help build a strong defence, protect an individual's rights, and work towards minimising the impact of these charges. A skilled lawyer can also evaluate a specific case, locate witnesses, and fight for the minimum sentence possible.
Under common law, an attempt requires two elements: the intent to commit a crime and steps or conduct towards the completion of that crime. Attempted robbery does not have a minimum sentence but carries a maximum sentence of 20 years in prison. In some cases, the abandonment of the attempt can act as a defence, although this can be challenging to prove.
Probation is an option in certain situations, and some people convicted of common law robbery may be eligible for a Youthful Offender Act (YOA) sentence. This applies to individuals between 17 and 25 years old at the time of conviction, whose offence is non-violent and carries a maximum sentence of 15 years. With a YOA sentence, a person's conviction may be expunged five years after the completion of the sentence.
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Punishment for common law robbery
In South Carolina, common law robbery, also known as strong-arm robbery, is classified as a felony. It is defined as taking the property of another by force or intimidation without the use of a deadly weapon. The punishment for common law robbery in South Carolina is a prison sentence of up to 15 years. There is no mandatory minimum sentence for strong-armed robbery, and probation is an option in some cases.
If a deadly weapon is used or even pretended to be used during a robbery, it is considered armed robbery, which carries a more severe penalty. The punishment for armed robbery in South Carolina is a mandatory minimum sentence of 10 years in prison, with a maximum sentence of 30 years. Parole cannot be granted until at least 7 years of the sentence have been served.
In addition to strong-arm robbery and armed robbery, South Carolina recognizes several other specific types of robbery with varying punishments. These include robbery of a train, robbery of a bus or taxi driver, robbery of a bank, and robbery of a person using an ATM. For example, train robbery by stopping a train is punishable by imprisonment for 2 to 20 years, while robbery after entering a train is punishable by imprisonment for 10 to 20 years.
Attempted robbery in South Carolina is also a felony, with a maximum sentence of 20 years in prison.
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Common law robbery vs. armed robbery
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. In the United States, robbery is generally treated as an aggravated form of common-law larceny. Common law robbery, or strong-arm robbery, involves taking property from a person or in the presence of a person by threat or force, but without a weapon. Common law robbery is a felony in South Carolina, punishable by up to 15 years in state prison.
Armed robbery, on the other hand, involves the use of a weapon. In South Carolina, there are additional statutes that make it a more severe offence to commit a robbery with a weapon. The use of a weapon in a robbery can result in a charge of aggravated robbery, which carries higher penalties. For example, in Canada, the use of a restricted or prohibited firearm in a robbery carries a mandatory minimum sentence of five years for the first offence and seven years for subsequent offences.
The specific elements and definitions of robbery can differ between states and jurisdictions. In some states, robberies with higher levels of violence or the use of a deadly weapon can result in charges of aggravated robbery or armed robbery, which carry more severe penalties.
In addition to common law robbery and armed robbery, there is also the offence of attempted robbery. Under common law, an attempt requires two elements: the intent to commit a crime and steps or conduct towards the completion of that crime. Attempted robbery does not have a minimum sentence but carries a maximum sentence of 20 years in prison in South Carolina.
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Attempted common law robbery
In South Carolina, common law robbery is classified as a felony. It involves the forceful or intimidating taking of property from another person or in the presence of another person without the use of a deadly weapon. This is also referred to as "strong-arm robbery" and is distinct from armed robbery, which carries harsher penalties due to the involvement of a weapon.
According to South Carolina Code Section 16-11-330, attempted robbery is also classified as a felony. Under common law, an attempt comprises two key elements: the intent to commit a crime and the execution of steps or conduct towards the completion of that crime. It is important to note that the abandonment of the attempt can, in certain cases, serve as a defense for the accused.
The consequences of attempted common law robbery, or strong-arm robbery, can be severe. While there is no minimum sentence, individuals convicted of this offense can face a maximum sentence of 20 years in prison. The absence of a mandatory minimum sentence provides an opportunity for skilled defense attorneys to advocate for their clients and potentially attain a reduced sentence or have the charges dismissed.
The specific circumstances of the case play a crucial role in determining the outcome. For instance, South Carolina's Youthful Offender Act (YOA) offers an alternative sentencing option for individuals between the ages of 17 and 25 at the time of conviction, provided that the offense is nonviolent. A YOA sentence can lead to the expungement of the conviction from an individual's record after the completion of the sentence and an additional five-year waiting period.
Given the complexities and potential severity of the charges, it is imperative for individuals facing attempted common law robbery charges to seek legal representation from experienced South Carolina robbery lawyers. These attorneys can navigate the intricacies of the legal system, protect their clients' rights, and work towards achieving the most favorable resolution possible.
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Defending against common law robbery charges
In South Carolina, common law robbery is classified as a felony. The South Carolina Code states that strong-arm robbery—the taking of property from a person or in the presence of a person by threat or force, without the use of a weapon—is punishable by up to 15 years in state prison.
If you are facing charges for any form of robbery, it is important to consult a South Carolina robbery lawyer. A dedicated theft attorney could work to minimize the impact of these charges and seek the best possible resolution. An attorney could defend you at trial, raise defenses, explain mitigating circumstances, argue innocence, or possibly negotiate a plea to a reduced charge.
In criminal law, the prosecution—the government—has to prove that the defendant committed the crime beyond a reasonable doubt. A defendant can often avoid a robbery conviction by attacking the prosecution's evidence. The defense can also offer evidence that undermines the prosecution's case. For instance, the defendant can offer an alibi that they were not in the state days before and during the robbery. It's important to note that the defendant doesn't have to convince a jury of their innocence. Instead, the defendant can cast reasonable doubt against the prosecution's case. If there is doubt about the defendant's guilt, the jury should return a verdict of "not guilty."
Additionally, a defendant can offer proof of their intoxication as an affirmative defense. Intoxication resulting from actions outside the defendant's control usually excuses any criminal behavior. This often occurs when using involuntary intoxication as a defense. In this situation, the defendant must prove that the intoxication occurred against their will or without their knowledge or consent. The applicability of voluntary intoxication as a defense varies by jurisdiction. Some states consider it a mitigating circumstance that can lessen the defendant's criminal liability.
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