Sumter County Robbery Lawyer

Robbery in South Carolina can be broken down into common law robbery, which is also known as strong-arm robbery, or it can be armed robbery, which is considered robbery while armed with a deadly weapon. That can be found in SC Code, Section 16-11-330.

Robbery is when a person commits an armed robbery with either a pistol or brass knuckles or some other type of deadly weapon where they were armed and presented the deadly weapon during the commission of what the alleged perpetrator considered a basic robbery, the taking of another’s property. An individual could face a mandatory minimum of 10 years or up to 30 years in prison. Whereas in strong-arm robbery or common law robbery, a deadly weapon was not used. The individual may have used force to take the item from the person but not a deadly weapon. If an individual has been charged with a robbery offense, they should seek the services of a Sumter County robbery lawyer. A capable theft attorney could build a solid defense for an individual.

Elements of Robbery Offenses

Common-law robbery is defined under SC Code, Section 16-11-325, and is often referred to as strong-arm robbery. Strong-arm robbery is when a person takes something away from another person with the intent to deprive, but they use force without the use of a deadly weapon.

Armed Robbery

As a Sumter County robbery lawyer could explain, armed robbery or attempted armed robbery can be found under SC Code, Section 16-11-330, and it breaks down into–Sub-section A for armed robbery and Sub-section B for attempted armed robbery. The elements are that a person who commits a robbery while armed with either a pistol or any type of deadly weapon or gives the representation of a deadly weapon.

It is important to note that if the alleged robber does not even have a deadly weapon, but they write a note to a bank teller, or they show a bulge in their jacket to the alleged victim that it is a gun or a knife or any type of deadly weapon, and this is present during the commission of the robbery where a person reasonably believes there is a weapon, this is armed robbery under Sumter County law.

Attempted Robbery

For attempted armed robbery, a person would be facing a felony up to 20 years in prison. Whereas, for an armed robbery, a person who has this felony would be facing a mandatory minimum of 10 years in prison to up to 30 years in prison. The person, if convicted, would not be eligible for parole and would have to serve at least seven years on the sentence. There are many people that dispute what they would have to serve. It all depends on whether the defendant is convicted of armed robbery or not.

Consequences of a Robbery Offense

For common-law robbery, which is commonly referred to as strong-arm robbery, a person is facing a felony up to 15 years in jail. For attempting armed robbery, a person is facing a felony up to 20 years in prison, whereas for an armed robbery, a person is facing a felony that carries up to a mandatory minimum of 10 years in prison up to 30 years in prison. ASumter County robbery lawyer could help mitigate the penalties that an individual could face.

Misdemeanor Felony Offenses

All robbery offenses are felonies. They are not misdemeanors, and if someone is convicted, they will have the scarlet letter of a felony on their record. They will not only be facing potential prison time but will also have the collateral consequence of a felony conviction, which would most likely prevent them from getting a good job, that would prevent them from having access to certain funding sources, maybe housing, and it certainly will follow them for the rest of their life.

With armed robbery, they could be sentenced up to 30 years in prison in the South Carolina Department of Corrections.

Differences Between Robbery and Theft

Robbery is different than theft because it is done in person where a theft can be the taking away of property or material with the intent to deprive another of this material or this property. Whereas robbery is on the person; it is up close and personal, either if it is common-law or strong-arm robbery, or whether it is armed robbery. It happens to a specific person in their presence and not to just a piece of their property when they are not there. Even with larceny, they can be there, but it is not the same as when it is taken by a person who deals directly with the alleged victim.

How a Sumter County Robbery Lawyer Could Help

A lot of times, police officers overcharge offenses. There may be miscommunication or misrepresentation about the evidence and so on. A Sumter County robbery lawyer could help by looking at every piece of evidence and trying to build an individual’s defense. If you have been charged with a robbery offense, work with a skilled robbery lawyer that could fight for you.