Common Law Robbery in Greensboro, NC

If you’ve been charged with common law robbery in Greensboro, NC, you’re facing serious legal consequences that can affect your future. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our experienced criminal defense lawyers are here to help you fight these charges and protect your rights.

What Is Common Law Robbery in North Carolina?

Common law robbery is a theft crime involving the taking of someone else’s property through force or the threat of force. Unlike armed robbery, common law robbery does not require the use of a weapon. Under North Carolina law, this is a felony offense.

Statute and Elements of Common Law Robbery

Common law robbery in North Carolina is not defined by a specific statute but is derived from longstanding legal principles in common law. This crime involves taking property from another person by means of violence or intimidation.

To convict someone of common law robbery, the prosecution must prove the following key elements beyond a reasonable doubt:

1. Taking and Carrying Away Property: The accused must have taken personal property from another person.
2. From the Person or Presence of the Victim: The property must have been taken either directly from the victim or from their immediate presence.
3. Without Consent: The victim did not give consent for their property to be taken.
4. With the Intent to Permanently Deprive the Owner of the Property: The accused must have intended to keep the property or permanently deprive the rightful owner of it.
5. By Means of Force or Threat of Force: The accused must have used or threatened physical violence to take the property. This element distinguishes common law robbery from theft or larceny.

Each of these elements must be present for a common law robbery charge to result in a conviction. Without sufficient proof of force, for example, the charge could be reduced to larceny or dismissed entirely.

Penalties for Common Law Robbery in Greensboro, NC

Common law robbery is classified as a Class G felony in North Carolina. The punishment for common law robbery can be found in North Carolina General Statute 14‑87.1. The sentencing depends on several factors, including your prior criminal record. If convicted, you could face:

• 8 to 31 months of imprisonment for a first-time offender with no prior criminal history.
• Longer sentences for those with a more extensive criminal record.
• Additional penalties such as probation, community service, or mandatory rehabilitation programs.

It’s important to note that even a first-time offender may face prison time, which makes it critical to have a skilled criminal lawyer by your side.

FAQs on Common Law Robbery

Q: What is the difference between common law robbery and armed robbery in North Carolina?

A: Common law robbery entails the taking of property through force or the threat of force without the presence of a weapon, whereas armed robbery involves the use or display of a weapon during the crime. Both are serious offenses but armed robbery carries more severe penalties due to the potential for greater harm.

Q: Is common law robbery considered a misdemeanor or a felony in Greensboro, NC?

A: In Greensboro, NC, common law robbery is classified as a Class G felony. This is significantly more serious than a misdemeanor, reflecting the gravity of using force or intimidation in the commission of the crime.

Q: Can common law robbery charges be reduced to a lesser offense like theft?

A: Yes, if the prosecution is unable to prove all elements of common law robbery, such as the use of force or threats, the charges could potentially be reduced to theft or another lesser offense like larceny, which does not involve forceful taking but still constitutes a serious violation.

Q: How are assault and common law robbery related under North Carolina law?

A: Common law robbery inherently involves an element of assault since it requires the use of force or intimidation to take property. However, not every assault qualifies as robbery unless it involves the element of theft or forceful taking of property.

Q: What are the legal proceedings like for common law robbery cases in court?

A: Court proceedings for common law robbery in Greensboro, NC, involve several stages, including arraignment, pre-trial hearings, plea bargains, and potentially a jury trial. A skilled defense lawyer can guide you through each stage, ensuring that your rights are protected and that you receive a fair trial.

Q: Does the jurisdiction affect how common law robbery is prosecuted in North Carolina?

A: The jurisdiction, while primarily held in state courts for such offenses, doesn’t significantly alter the legal definition of or penalties for common law robbery. However, local practices and procedures in Greensboro may influence specific aspects of court proceedings, such as plea deals and sentencing recommendations.

By seeking the expertise of skilled legal professionals, you stand the best chance of navigating the complexities of North Carolina’s legal system effectively. At Garrett, Walker, Aycoth & Olson, our lawyers are dedicated to fighting for your rights and protecting your future, with a commitment to excellence and justice at every step of the legal journey.