Robbery is taking something of value in the presence of its possessor through force or the threat of force. It is a specific kind of theft that involves interaction between the robber and the alleged victim. Robbery is a serious crime, and conviction could lead to a jail sentence.
If you were arrested for robbery, you need a capable attorney looking out for your best interests. A Greenville robbery lawyer could safeguard your rights, look for new evidence, and fight for the best resolution possible given the circumstances.
Elements of Robbery Charges
There are three felony robbery charges in South Carolina. The prosecutor must establish all elements of the criminal offense beyond a reasonable doubt to get a conviction. A Greenville robbery attorney could focus their efforts on challenging a prosecutor’s attempts to establish the elements of the charge.
Strong-arm robbery is taking something with the threat of violence or force but without a weapon. The law does not require that the alleged robber make physical contact with another person. The taking of property and the threat of force are the two elements of the crime.
Strong-arm robbery does not carry a mandatory minimum sentence. The maximum sentence for strong-arm robbery is 15 years in prison.
Attempted Armed Robbery
Attempted armed robbery requires a prosecutor to prove that you formed the intent to rob someone and took steps toward carrying out their intention while possessing an object that could be perceived as a weapon.
A prosecutor does not need to prove that you made a threat or demand in these cases. The intent, the step toward its execution, and the presence of the object could be enough to prove attempted robbery. There is no mandatory minimum sentence for attempted armed robbery. The maximum is 20 years of incarceration.
South Carolina Code 16-11-330 defines armed robbery as taking something from another person while possessing an object the alleged victim might reasonably perceive as a weapon. The object need not be a knife or firearm; any object that an alleged victim could believe is a weapon is enough to merit a charge of armed robbery.
The crime does not require that you use the supposed weapon, only that you have it in your possession and the alleged victim is aware of it. The mandatory minimum sentence for armed robbery is ten years imprisonment, and parole cannot be granted until seven years are served. The maximum sentence is 30 years in prison.
Defenses to Robbery Charges
In the best-case scenario, your attorney could convince a prosecutor that their evidence is too weak to sustain a conviction, and the prosecutor might decline to go forward with the case.
Robbery requires taking something from or in the presence of another person. The alleged victim’s eyewitness identification is often important evidence in a robbery case. However, eyewitness testimony is notoriously unreliable. A robbery attorney in Greenville could present expert witnesses to establish that a victim’s memory of a crime might not be credible. If available, the defense could present alibi witnesses to establish that you were not on the scene when the supposed crime occurred.
An attorney could also challenge the prosecutor’s evidence of intent. If your words or actions were ambiguous, it might be possible to assert that you did not intend to deprive anyone of property by threat of force.
Schedule a Free Consultation with a Greenville Robbery Attorney
If you were arrested for robbery, it is critical to secure legal representation right away. Do not speak with police or prosecutors until you have an attorney by your side.
Greenville robbery lawyer Christopher L. Jones is prepared to craft a skillful defense to achieve the most favorable result possible on your behalf. Call today to get started.