Richland County Robbery Lawyer

Robbery has a broad definition under South Carolina law that covers a wide range of offenses. However, regardless of the specific offense, all robberies require the taking and carrying away of another person’s personal property through the use or threat of force.

Robbery charges are felonies and can have a serious impact on your life and could result in fines, restitution, probation, and jail time. If you are facing accusations of robbery, you should not wait to contact a Richland County robbery lawyer. Call a seasoned attorney today to get started on your case.

Proving Robbery Charges

In any robbery case, the prosecution must prove all the elements of the offense. The first is the taking and carrying away of property. This only requires that someone move the property, it does not require a person to move the property a substantial distance.

The second component is that the property belonged to another person. The third and final element is that they used or threatened to use force. However, this does not necessarily require extreme force, merely that a person touched another, or threatened to use force against another.

It is important to remember that common law robbery refers to unarmed robbery, which is often referred to as a strong-arm robbery. The elements and burden on the prosecution may change depending on the type of robbery alleged. For example, armed robbery under S.C. Code § 16-11-330 requires all of the above-mentioned components but additionally needs presence and use of a deadly weapon.

Types of Charges

As mentioned above, there are various robbery offenses including:

  • Armed Robbery
  • Attempted armed robbery
  • Common Law Robbery
  • Robbery of a train
  • Robbery of a bus or taxi driver
  • Robbery of a bank
  • Robbery of a person who is using or who has just used an automated bank device (ATM)
  • Strong-arm Robbery

Defense

As noted above, the prosecution will have the burden of proving all the elements of a robbery offense. This usually entails collecting evidence from the police, conducting interviews, and bringing witnesses to testify to the acts. However, there are numerous defenses a Richland County robbery lawyer may pursue depending on the facts.

One common defense is proving a lack of force. As stated by numerous courts, the gravamen of a robbery charge is a taking from the person or immediate presence of another by violence or intimidation. State v. Hiott, 276 S.C. 72, 276 S.E.2d 163 (1981). Therefore, if there is a lack of force, then there can be no robbery as per the common law definition.

Another defense is showing possession and ownership. A common scenario where robbery is perhaps improperly charged happens when someone is taking their own possession. Since the common law definition requires the taking of another’s property, if a person can demonstrate they own the property in question, then there can be no robbery.

Why Turn to a Trusted Richland County Robbery Attorney

The consequences of robbery extend far beyond potential fines and jail time. Anyone facing these allegations also faces the possibility of a criminal record that can make it difficult to find jobs and housing. Therefore, it is important to take every action possible to protect your rights.

An experienced Richland County robbery attorney can help guide you through the difficult process of defending a robbery charge. With a knowledgeable lawyer at your side, you can be rest assured your rights are protected.

Richland County Theft Lawyer