Armed robbery is a serious and violent crime in South Carolina with big penalties and life-changing consequences if convicted. Knowing the laws surrounding armed robbery, attempted robbery and related charges is important not only for those who want to be informed but also for those charged or in the legal defense. South Carolina treats armed robbery as a felony with mandatory minimums so those convicted will face at least seven years in prison with limited parole or probation options.
In this blog, we’ll go over the definitions, classifications, and penalties for robbery and armed robbery in South Carolina, defense strategies, and why you need to work with an experienced Greenville criminal defense lawyer on these serious charges.
Definition and Types of Robbery
Armed robbery in South Carolina starts with the definition of robbery itself. Under South Carolina law robbery is defined as the taking of money or property from another person by force or intimidation. Common law robbery, a form of strong-arm robbery, involves taking property from a person by threat or force without the use of a weapon and carries severe legal implications, including potential prison time. This is a serious crime and gets even more serious when a weapon is involved.
Robbery Under South Carolina Law
Robbery is a violent crime in South Carolina. This means law enforcement and the courts take it very seriously. The law is designed to protect people from being victimized and as such the penalties for robbery are severe. A person convicted of robbery can face big time in prison, fines, and a permanent criminal record, as it is a felony punishable by significant prison sentences.
Strong-Arm Robbery vs Armed Robbery
In South Carolina, there are two types of robbery: strong-arm robbery and armed robbery.
- Strong-arm robbery is when a person uses physical force or intimidation to take property from another person without a weapon. This can involve threats or aggressive behavior but no deadly weapon.
- Armed robbery is when a weapon is used or represented during the commission of the crime. This means if someone is charged with armed robbery they either used a weapon (gun or knife) or made it appear they had a deadly weapon. The presence of a weapon makes the crime more serious and the penalties worse.
Elements of Armed Robbery
Armed robbery is a serious crime in South Carolina and knowing the elements is important if you’re charged with it. When someone commits attempted robbery, especially when armed with a deadly weapon, the legal consequences are severe, including mandatory minimum prison sentences. The law outlines specific requirements for an act to be considered armed robbery. Below are the elements.
Use or Representation of a Deadly Weapon
To be an armed robber the accused must have used or represented a deadly weapon during the crime. This means if someone commits robbery while brandishing a gun, knife, other deadly weapon, or any object that can cause serious harm it’s armed robbery. The presence of a weapon makes the charge more serious. For example, if someone robs a store with a gun they’ll be charged with armed robbery, not a lesser robbery charge.
Objects Reasonably Believed to Be Deadly Weapons
The law also considers objects that aren’t inherently deadly but are reasonably believed to be so by the victim. For example, if a perpetrator uses a toy gun or an object that looks like a weapon (a metal pipe) during the robbery it can still be armed robbery. The key here is the victim’s perception; if they reasonably believed their life was in danger the act is armed robbery. The severity of the offense and the corresponding legal consequences are influenced by the reasonable belief of the person present regarding the nature of the weapon used.
Armed Robbery Penalties
Armed robbery is a serious crime in South Carolina and comes with severe consequences. Knowing the penalties is important if you’re charged with it. Individuals convicted of armed robbery may face a mandatory minimum of ten years up to a maximum of more than thirty years imprisonment, with no possibility of parole until a specified portion of the sentence has been served.
Mandatory Minimum and Maximum Penalties
In South Carolina, armed robbery is a felony. The law has a mandatory minimum term for those convicted. A person convicted of armed robbery must serve at least 7 years in prison. The maximum is up to 30 years depending on the circumstances of the crime and the defendant’s prior record. This big range is because the crime is serious and the danger to the victim.
Parole and Probation Eligibility
Once convicted the road to parole is tough. Generally, those sentenced for armed robbery are not eligible for parole until they’ve served a big chunk of their sentence. The 7-year mandatory minimum is key here. Probation is not an option for armed robbery. Offenders must complete their prison time before they can be considered for early release or parole, with no probation granted for such serious offenses.
Importance of Legal Representation
A criminal defense attorney will know the ins and outs of armed robbery cases. They’ll know the local court procedures and how to attack the evidence against you. Their experience can make a big difference in your case. Understanding the South Carolina Code is crucial for effective legal representation, as it outlines the legal definitions and penalties for various robbery offenses.
- Knowledge of the Law: An attorney can explain the specific laws related to armed robbery and the definitions and elements that must be proven for a conviction. This is key to your defense.
- Protection of Your Rights: A good attorney will protect your rights throughout the process. They’ll advocate for you during police questioning, court appearances, and negotiations with prosecutors.
Defenses to Armed Robbery
Defending armed robbery requires a plan. Here are some common defenses:
- Challenging the Deadly Weapon: If the state can’t prove a deadly weapon was used or presented during the robbery it weakens its case.
- Questioning Witness Credibility: If there are witnesses an attorney may investigate their credibility or reliability. Any inconsistencies in their statement can be used to create doubt.
- Lack of Intent: Showing you didn’t have the intent to rob can be a strong defense. This can be done by showing you weren’t planning to steal or the situation got out of hand.
Contact an Experienced Greenville Criminal Defense Attorney Today!
If you’re dealing with robbery or armed robbery charges in South Carolina, having the right legal support can make all the difference. Our team at Baldwin Law is dedicated to defending your rights and providing the strategic guidance you need during this challenging time.
Contact us at 864-630-8503 for a free case review today!
