What Is Common Law Robbery?
- Marvin Harvey
Types of Robbery – In the North Carolina General Statutes, section 14-87 defines the crime of robbery in North Carolina. There are three primary types of robbery charges in the state:
Common-Law Robbery doesn’t involve the use of a weapon but does include a victim. For example, punching a victim while taking personal property from them is considered a common-law robbery. Armed Robbery cases involve the use of dangerous weapons to commit the robbery. Aiding and Abetting is assisting or facilitating an armed robbery.
What does common law robbery mean in North Carolina?
North Carolina recognizes the crime of armed robbery and common law robbery. Robbery is often associated with burglary or theft. There are key differences when it comes to how robbery charges are prosecuted in North Carolina, however. Robbery involves violently removing the property from another person.
In North Carolina, robbery can be considered both a theft and a violent criminal charge. Robbery is more severe than burglary or theft. Contact Our Experienced Charlotte Robbery Lawyers Today If you are facing a robbery charge in North Carolina, you need to speak with an attorney as soon as possible. At Arnold & Smith, PLLC, we have extensive experience defending clients against serious criminal charges.
In addition to facing jail time, you could face social stigma, difficulty finding jobs and difficulty securing loans should you face a criminal conviction. Contact the experienced criminal defense lawyers at Arnold & Smith, PLLC today to schedule your initial consultation.
Common-Law Robbery in North Carolina Both common law robbery and robbery with a dangerous weapon are felony charges that come with the possibility of over a year in jail. Robbery is defined as using the threat of force or direct force to physically remove an item from the possession of the victim. Common law robbery is usually tried as a class G felony in North Carolina, punishable by up to 47 months in prison.
Common law robbery is taking another person’s property by using a threat of force or by using force. When the robbery involves the use of a dangerous weapon, the prosecutor will bring more serious “robbery with a dangerous weapon” charges. Robbery With a Dangerous Weapon in North Carolina Robbery with a deadly weapon is an extremely serious crime.
The defendant has in their possession, or uses, or threatens to use Any firearm or other dangerous weapon, and A person’s life is endangered or threatened by the use of the dangerous weapon, And the defendant unlawfully takes or attempts to take personal property From another residence, person, business, etc. Where there is another person or persons in attendance
It does not matter whether or not someone commits robbery at night or during the daytime. The North Carolina Supreme Court has stated that hands and feet alone do not constitute a dangerous weapon. In other words, using hands or feet to threaten someone or endanger them does not constitute using a dangerous weapon.
- The dangerous weapon must be something other than a defendant’s physical person.
- The Difference Between Burglary and Robbery Many people do not understand the difference between robbery and burglary and how these crimes compare to other theft crimes.
- The main difference between burglary and robbery is the defendant’s intent to commit the crime of larceny or a felony while inside.
Burglary involves the intent to steal, but theft is not necessarily an element of the crime. Burglary may not involve a theft crime at all, but it could involve another felony. On the other hand, the crime of robbery always includes the intent to commit a theft crime.
- Request a Consultation with Our Experienced Charlotte Robbery Lawyers A robbery conviction comes with a heavy sentence.
- Hiring a skilled Charlotte lawyer in your robbery case will help you as you fight to avoid extremely harsh penalties.
- At Arnold & Smith, PLLC, our lawyers have the trial experience necessary to fight vigorously on behalf of our clients in court and outside of court.
The sooner you hire an experienced criminal defense lawyer, the better for your defense. Contact our Charlotte criminal defense law firm as much as possible to schedule your initial consultation.
What is common law robbery in SC?
Common Law Robbery in South Carolina Under the common law, robbery is the taking of property from a person or in the presence of a person by threat or force. This is sometimes referred to as a strong-arm robbery. There is no weapon used in a strong-arm robbery.
What is the most common kind of robbery?
There are a number of different types of robbery, but in general they all share certain common traits and are specific types of larceny, Two of the most common forms of robbery are armed and unarmed, which may both be involved in another specific form — bank robbery,
The term “highway robbery” is also often used both in reference to an actual crime, as well as in a more abstract sense in reference to a crime or perceived immoral act that is flagrant and performed boldly. In general, robbery is differentiated from other types of theft or larceny in that it is typically performed in connection with violence or a threat of violence.
Someone breaking into a car and stealing something from within the car when no one is around is committing theft, since there is no threat or violence performed against the owner of the car. On the other hand, if the person approaches a car in which the owner is currently located and threatens or does physically harm the person to steal the item from the car, then it would constitute robbery. Most muggings will fall into the category of armed robbery. This would usually be unarmed, if the person committing the larceny was not using a weapon or was not threatening to use a weapon during the commission of the crime. If, however, he or she used a weapon, threatened to use a weapon, or even suggested that he or she had a weapon in a realistic way that a reasonable person would believe to be a very real threat, then it would become armed robbery. A failed attempt to take another person’s property could be considered attempted robbery. Bank robbery refers to the specific act of theft from a bank, with the perceived intention of violence or actual violence committed during the crime. If someone was to break into a bank while the bank was closed and steal from it, then that would be theft.
- The more common type of larceny from a bank, in which a person enters a bank while it is open to demand money is a type of robbery and can be committed armed or unarmed.
- If the person even suggests that he or she may have a weapon, regardless of the actual presence of a weapon, then it is considered armed and is a more serious crime.
In the United States, larceny from a bank is a federal crime since these institutions are typically members of the Federal Reserve and insured by the Federal Deposit Insurance Corporation (FDIC). Breaking and entering involves forcing your way into a house with the intention of committing a crime. Highway robbery is typically used to refer to any type of larceny or similar act committed flagrantly and in full sight of others. In the past, this type of larceny was committed on passing travelers on a highway, and so it was a flagrant criminal act.
What is the minimum sentence for robbery in Canada?
Armed robbery carries a mandatory minimum sentence of 4-years imprisonment for a first offence and increases to a minimum seven years for subsequent offences.
Is common law robbery considered a violent crime in North Carolina?
Robbery With a Dangerous Weapon Charges – Robbery with a dangerous weapon is a more serious offense than common law robbery. To be convicted of this offense, the following must be proven:
The taking or attempted taking of property was from another person or from a residence, business, bank, or other location where another person was present at any time of the day and night. The robbery was committed through the use of a firearm or other deadly weapon where the suspect displayed, used, or threatened force and where the life of a person was threatened or endangered.
Robbery committed with a dangerous weapon is a Class D felony. A person aiding and abetting in the commission of an armed robbery can also be charged with a Class D felony. Actions, such as acting as a lookout or encouraging a person to commit armed robbery, could constitute aiding and abetting.
How long do you have to live together to be common law in NC?
So why should I sign a Cohabitation Agreement with my partner? –
- Do you own property?
- Share property with your partner?
- Want to purchase property with your partner?
- Have you made agreements with your partner about having children together while not married?
- Have you made agreements about who will work and pay for what while together, and whether there will be any assistance to the unmarried partner if the couple separates?
If so, you could benefit from a Cohabitation Agreement. Married couples are granted certain rights under the law because marriage is, at its heart, a contract. It’s usually a contract signed by two people because they love each other, but it’s a contract nonetheless.
- And when you create and sign a contract that is legally binding, it ensures certain protections to both parties.
- For married people, the state’s statutes deal with how to divide property, deal with income and support of a spouse, and determine child custody and support.
- Unmarried couples generally have no such contract (unless they sign a Cohabitation Agreement), which means they have no similar protections as to property and income either during the relationship or after it ends.
The State’s child custody and child support laws apply whether you were ever married or not. For example, say you move into your partner’s home and:
- You contribute to the overall running of the household. If you break up, you have no legal right to the house at all –you can’t force your ex to sell it and split the proceeds with you or force him or her to buy you out of “your half;” the house belongs solely to your ex, and you cannot make a claim for it.
- This is also true if you help pay the mortgage for years—you gain no actual ownership of the property in doing so.
- You helped pay for a major remodel? Same answer.
It does not matter how long you have lived together – two weeks, two years, or two decades – the State only recognizes legal marriages. What is a valid marriage In North Carolina? Under N.C. Gen. Stat. § 51-1 : A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either:
- In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and
- With the consequent declaration by the minister or magistrate that the persons are husband and wife; or
- In accordance with any mode of solemnization recognized by any religious denomination, or federally or State recognized Indian Nation or Tribe.
Unless there is some kind of contract in place, you are missing out on certain legal protections that are afforded to married couples.
What is the longest sentence for robbery?
Robbery is indictable only, punishable with life imprisonment or an unlimited fine or both.
How much time do you get for armed robbery in SC?
Armed Robbery and Strong-Armed Robbery Armed robbery in SC is a violent crime that police and prosecutors usually investigate and prosecute aggressively. In every armed robbery case, there is an alleged victim who may be pushing the case, and there may be media coverage.
Police and prosecutors feel that they must solve the case and get a conviction – they are under huge pressure from elected officials, the media, and the community to close their case and keep the community safe. If you have been charged with armed robbery or if you believe you are under investigation for armed robbery, get help now.
Do not talk to police or investigators until you have met with your criminal defense lawyer. What are the elements of armed robbery and strong-armed robbery in SC? What Is Armed Robbery in SC? Armed Robbery is when a person uses a deadly weapon during a robbery -or- when they pretend to use a deadly weapon to commit a robbery.
- For example, if a person presents a toy gun to rob a convenience store, or any other object that the store clerk believed to be a deadly weapon, that would qualify as an armed robbery.
- Armed robbery in South Carolina state courts is punishable by a mandatory minimum sentence of 10 years and up to 30 years in prison.
Parole cannot be granted until at least 7 years have been served. Attempted armed robbery in SC is punishable by up to 20 years in prison. What Is Strong-Armed Robbery in SC? Strong-armed robbery, also known as common law robbery, is when there is a robbery, but the defendant does not use a deadly weapon.
- Strong-armed robbery is a lesser included offense of armed robbery.
- This means that, if a jury in an armed robbery trial finds that the defendant did not use a deadly weapon, the defendant can be found guilty of strong-armed robbery instead of armed robbery.
- Strong-armed robbery is punishable by up to 15 years in prison and does not have a mandatory minimum sentence.
Strong-armed robbery is also eligible for a YOA (youthful offender act) sentence if the defendant qualifies – a YOA conviction can be expunged five years after the sentence is completed. Because strong-armed robbery does not have a mandatory minimum sentence, probation is an option in some cases.
Expert Witnesses in Armed Robbery Cases Eyewitness identifications are often an issue in armed robbery cases, and, if the offense occurred in a store or business, there is usually video of the incident. When you have issues in your case such as faulty eyewitness identification, a coerced confession, or grainy and hard to see video footage, we will help you to retain the experts that you need to examine the evidence and testify at your trial.
SC Armed Robbery and Strong-Armed Robbery Defense Attorney in Columbia, Lexington, and Myrtle Beach Lacey Thompson limits her practice to criminal defense cases in SC courts, which allows her to focus on criminal defense law and criminal defense trial practice to better serve her clients.
What are the 5 elements of robbery?
1. What is the Legal Definition of California Robbery? – The legal definition of robbery in California centers around the ” elements of the crime,” These are the facts that a prosecutor must prove before you can be guilty of this offense. The elements of robbery under PC 211 are as follows:
- You took property that was not your own;
- The property was in the possession of another person;
- You took the property from the other person or his/her immediate presence;
- You took the property against that person’s will;
- You used fear or force to take the property or prevent the other person from resisting; and
- When you used fear or force to take the property, you intended to deprive the owner of it either permanently or for a long enough time to deprive him/her of a major portion of its value.7
Let’s take a closer look at some of the terms in this legal definition. Taking property You ” take ” someone else’s property when you both
- gain possession of it, and
- move it some distance—even a very short distance.8
Example : Kim is walking down the street carrying a knockoff Louis Vuitton handbag. She is confronted by Michelle, who threatens her with physical harm if she doesn’t give up the bag. Kim gives her bag to Michelle. Michelle starts to run off with the bag.
But after she has gone half a block she realizes that it is a fake. So she drops it and yells back to Kim, “You can keep your fake bag!” Michelle is guilty of robbery even though she didn’t keep Kim’s bag—because by moving it even a small distance, she met the definition of “taking” it under California robbery law.
In the possession of another person For purposes of California robbery law, ” possession ” doesn’t have to mean that a person is actually holding or touching the property. It is enough if they have control over it or the right to control it (this is known as “constructive possession”).9 Note that the victim does not have to own the property that is stolen—s/he only needs to have actual or constructive possession of it,
For example, a store clerk or other employee of a business is considered to have possession of the store’s or business’s property.10 Example : Rob and his friend Paco come across Mike stealing stereo equipment from Rob’s trunk. The confront Mike, and he runs away, carrying the equipment. Rob and Paco both chase after Mike, but only Paco catches up to him.
Mike then pulls a gun on Paco to get him to back down. This allows Mike to escape with the stereo. Mike is guilty of robbery for pulling a gun on Paco, even though Paco is not the owner of the stereo equipment. Clearly Rob, who did own the property, had granted Paco the authority to help stop the theft.
So Paco had constructive possession of the property.11 From the other person or his/her immediate presence A California robbery only occurs if the defendant takes the property directly from the victim or his/her “immediate presence.” 12 Property is considered to be in a person’s ” immediate presence ” if it is within his/her physical control, such that s/he would have been able to keep possession of it if the robbery had not occurred.13 Example : Bill confronts Victor, the manager of a jewelry store, outside of Victor’s home, which is several miles away from the store.
Bill pulls out a gun and threatens to shoot Victor unless he tells him the combination to a safe at the jewelry store. Victor tells him the combination, and Bill then calls his friend Andrea, who is at the jewelry store. She uses the combination to open the safe and steal jewelry.
- Bill and Andrea did take property from Victor by force or fear.
- But because they didn’t take the property from his immediate presence—instead, they took it from a location far away—they did not actually commit Penal Code 211 robbery.
- They are probably guilty of other California offenses, though, like grand theft and PC 240 assault,) 14 Against the property owner’s will For purposes of California robbery law, you are considered to have taken property against the owner’s will if s/he does not consent to you taking it.
Consent must be given freely, by someone who understands what they are doing.15 So, for example, if you threaten a person with a gun and they run away—leaving a piece of personal property behind—and you then take their property, you have committed robbery.
- You took their property without consent, even though they didn’t know you were doing so.
- Use of force or fear PC 211 robbery is distinguished from other California theft crimes by the fact that robbery always involves the use of ” force or fear,” 16 Force, for purposes of robbery law, means physical force,
And according to Penal Code 212 PC, fear means fear of injury, to either
- the victim him/herself,
- a family member of the victim,
- the victim’s property, OR
- someone else present during the incident.17
Example : Corey is walking his poodle Max off-leash in a local park. Sarah coaxes Max over to her with a treat, then grabs Max and puts a knife to his throat. She tells Corey that she will cut Max if Corey doesn’t hand over his wallet. Even though Sarah didn’t actually threaten Corey personally, her threat to Max met the definition of “force or fear”—and so she is guilty of California robbery.
Interestingly, California courts have held that force or fear is used—and a robbery is deemed to have occurred—if the defendant drugs the victim and then takes his/her property.18 Example : Doug meets Christine in a bar, and she invites him back to her house for coffee. Doug then slips a sedative into Christine’s coffee.
After she passes out, he searches her house for money and valuables and then leaves with these. Doug is guilty of Penal Code 211 PC robbery, even though his drugging of Christine was an unusual form of “force or fear.” 19 However, the slight, harmless touching that occurs when a pickpocket takes something off of someone’s person does NOT count as “force or fear.” So a pickpocket would not be guilty of California robbery (but would be guilty of another theft crime).20 Intent to deprive the owner of the property Finally, robbery is a specific intent crime,
- permanently, OR
- for a long enough period of time that the owner would be deprived of a major portion of its value or enjoyment.21
Example : Karina is a methamphetamine addict. Desperate for money to pay back a dealer, she goes to her estranged mother’s house and confronts her as she is getting home from work. Karina threatens her mother with a knife until her mother hands over a valuable pearl necklace she always wears.
Karina’s intent is to take the pearl necklace to a pawn shop to get cash to pay her dealer. Then she intends to save up enough money to get the necklace back from the pawn shop and return it to her mother. But Karina is still guilty of robbery, because she intends to deprive her mother of the necklace for an extended period of time.
BUT Example : While on a wilderness backpacking trip, Ben gets lost and spends several days trying to find his way back to a trail. His cell phone battery dies, he runs out of food and water, and he is very dirty and slightly delirious. Finally, Ben runs into another hiker.
- The hiker is obviously afraid of Ben and refuses to talk to him when Ben begs him for his cell phone so he can call for help.
- So Ben pulls out his Swiss army knife and threatens to stab the other hiker if he doesn’t let him use his phone.
- Terrified, the hiker hands over his phone.
- Ben calls a rescue service and then returns the phone.
This is NOT California robbery, because Ben did not deprive the hiker of a major portion of the value or enjoyment of his phone. A violation of this law can result in a fine and/or jail time.
What are the 2 types of robbery?
Robbery – Wikipedia Taking something belonging to another For other uses, see, “Robber”, “Holdup”, and “Stick up” redirect here. For other uses, see,, and,
|The examples and perspective in this article deal primarily with countries, particularly Canada, the Republic of Ireland, the United Kingdom and the United States, and do not represent a of the subject, You may, discuss the issue on the, or, as appropriate. ( August 2022 ) ( )|
- (also called violation)
- (such as prohibition of,, and )
Robbery is the of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to, 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; that is, it is a or accomplished by an,
Precise definitions of the offence may vary between jurisdictions. Robbery is differentiated from other forms of (such as,,, or ) by its inherently violent nature (a ); whereas many lesser forms of theft are punished as, robbery is always a in jurisdictions that distinguish between the two. Under English law, most forms of theft are, whereas robbery is,
The word “rob” came via from words (e.g., deraubare ) of origin, from raub “theft”. Among the types of robbery are armed robbery, which involves the use of a, and aggravated robbery, when someone brings with them a deadly weapon or something that appears to be a deadly weapon.
- Highway robbery or mugging takes place outside or in a such as a sidewalk, street, or parking lot.
- Is the act of stealing a car from a victim by force.
- Is the threat to do something illegal, or the offer to not do something illegal, in the event that goods are not given, primarily using words instead of actions.
Criminal slang for robbery includes “blagging” (armed robbery, usually of a bank) or “stick-up” (derived from the verbal command to robbery targets to raise their hands in the air), and “” (organized robbery on underground train systems).
What are the 4 elements of robbery?
Elements of Robbery – The crime of robbery involves (1) the taking of the property of another (2) from his or her person or in their presence (3) by violence, intimidation or threat (4) with the intent to deprive them of it permanently. Robbery is thus distinct from the crime of larceny in two important ways.
- First, the theft occurs through the use of force and intimidation.
- A perpetrator is not required to use significant force, or extreme threats, in order to commit a robbery.
- All that is required is the amount of violence or fear necessary to cause the victim to give up his or her possessions.
- This may vary based on the value of the possession and the victim.
For instance, less violence may be required to rob an elderly woman of her possessions than would be required to intimidate a strong young man. It is also important to note that the violence must occur as part of the theft in order for the crime to rise to the level of robbery.
1 The perpetrator uses force (or threats) 2 The crime happens in the victim’s presence
A second distinction of robbery is that the crime must occur in the victim’s presence. This is because violence or threat of harm requires the presence of the victim. If the victim is unavailable, the elements of a robbery cannot be completed. While larceny requires that the possessions that are stolen belonged to someone else, they can be taken in secret or while the owner is unavailable.
What is the most common crime?
Property Crime – Property crimes include burglary, larceny-, and motor vehicle theft. It may also include arson, trespassing, vandalism, or criminal mischief. The FBI estimates that a property crime is committed, on average, every 3.9 seconds. This consists of a crime when a person’s property is destroyed or stolen.
Do first time offenders go to jail Canada?
*2022 Results: Approx.99% of Mark Zinck’s clients avoided a criminal record (conviction) for charges of theft, fraud, assault, mischief and threats. If a person is found guilty of assault they may be sentenced to jail/prison for up to 5 years. The length of the sentence will depend on the accused’s previous criminal charge history and the specific facts of the assault of which they were convicted.
What is the difference between robbery and theft in Canada?
What’s the difference between Break and Enter, Robbery and Theft Under $5,000? Break and Enter The offence of break and enter encompasses situations where the accused was trespassing or attempted to trespass on private enclosed property with an intent to commit an indictable offence (i.e., a non-summary criminal offence).
- There are two types of break and enter offences: 1) break and enter into a dwelling and 2) break and enter into a place other than a dwelling.
- A dwelling can be a house, apartment or even a garage.
- A non-dwelling can be a warehouse, a convenience store or any such other similar place.
- A Break and Enter is considered a serious (indictable) offence and punishment can be severe.
If the break and enter is committed in relation to a dwelling house, the accused is liable to a maximum sentence of life imprisonment. Break and enter into a non-dwelling carries a maximum sentence of 10 years in prison. If there are people inside the dwelling at the time of the break and enter, this is considered a home invasion.
These offences attract much longer prison sentence than a simple break and enter. Home invasion is treated by the Crown as a much more serious offence. Every person who, without lawful excuse, has in their possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that the instrument has been used or is intended to be used for that purpose 351(1), or every person who, with intent to commit an indictable offence, has their face masked or coloured or is otherwise disguised S351(2), is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or is guilty of an offence punishable on summary conviction.
Robbery Robbery can mean everything from punching a person on the street and taking their wallet or cell phone, to robbing a taxi driver or storeowner, to a full-blown bank heist. Any theft or attempted theft, by way of assault may qualify for criminal robbery charges being brought against an individual in court.
Both robbery and theft involve stealing another person’s property or services. But, the crime of robbery involves the use of force, whereas theft does not. In Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences.
Theft Under $5,000 Because shoplifting usually involves surreptitiously placing smaller items in pockets, under clothes, or in a bag, the stolen goods tend to be worth less than $5000. In Ontario, this is referred to as the offence of “theft under” – because the goods taken are worth an amount “under” $5000.
- Theft under $5000 is considered a hybrid offence; depending on the severity of the crime and other factors, it can be an indictable or summary conviction offence.
- Canada’s Criminal Code allows for a punishment of up to two years in prison for those found guilty of theft under $5000.
- Criminal records include crimes such as driving under the influence of alcohol, theft/ robbery, etc.
It will appear on your National Police Check record for ten years and then be considered as “spent”. Spent convictions will generally not appear on a police check result. If the individual who is found guilty is a minor, there may be other programs available for them.
- Be sure to consult with Brace Law to get the best possible outcome for these relatively minor charges.
- Dealing with a criminal charge is a serious matter that requires a trustworthy legal representation.
- Whether it is a first-time offence, or you have had previous encounters with the criminal justice system, you need to retain the right legal representation for you or your loved ones.
At Brace Law, we accept private retainers and legal aid certificates. We serve our clients in English, Spanish, Albanian, Italian, Korean, Mandarin and Cantonese. Call us at or email, We can help! We Offer Consultations & Meetings by Phone & Virtually.
Whats the longest you can go to jail in Canada?
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations.
A person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in the Criminal Code, at 25 years. Parole ineligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge.
A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country.