What Are the Defenses to a Robbery with a Dangerous Weapon Charge in NC?

The Most Serious Accusation: Facing an Armed Robbery Charge in the Piedmont Triad

There are few accusations in the criminal justice system more terrifying than “armed robbery.” It is one of the most serious and violent felony charges a person can face in North Carolina. It is a charge that can send you to prison for decades. An accusation of armed robbery is not just a legal problem; it is a direct threat to your freedom, your family, and your entire future.

From the moment you are named a suspect in a case in Greensboro, High Point, or Winston-Salem, you are facing the full, immense power of the state. The police and the District Attorney’s office will dedicate significant resources to building a case against you. In a high-stakes case like this, it can feel like you are presumed guilty from the start.

If you or a member of your family is in this situation, you need to hear this loud and clear: An accusation is not a conviction. The state has the burden of proving every single element of its case against you, and you have the right to a powerful and aggressive defense.

For decades, the team at the Huggins Law Firm has been defending people accused of the most serious crimes in North Carolina. We have the experience, the resources, and the determination to stand up and fight for you. We understand the stakes are as high as they get. This guide is here to provide clear, honest information about the charge you are facing and the importance of acting immediately to protect your future.

What is Robbery with a Dangerous Weapon in North Carolina?

The first step in any defense is to understand the charge itself. The law for Robbery with a Dangerous Weapon is found in North Carolina General Statute § 14-87.

To be convicted of this crime, the prosecutor must prove, beyond a reasonable doubt, that a person did all of the following things:

1. Took personal property from another person or from their presence.
2. The taking was done without their consent.
3. The person knew they were not entitled to the property.
4. The person intended to permanently deprive the owner of the property.
5. The taking was done by using or threatening to use a firearm or other dangerous weapon.
6. The use of the weapon endangered or threatened the life of the other person.

Every single one of these elements must be proven. If the state’s evidence on even one of these points is weak, it can be the foundation of a powerful defense.

The “Dangerous Weapon” Element: It’s Broader Than You Think

This is one of the most critical and often misunderstood parts of the law. What exactly is a “dangerous weapon”? It’s not just a loaded gun. The courts in North Carolina have defined it very broadly. A dangerous weapon can be:

• Any firearm, whether it’s real, a replica, or a toy gun, as long as the victim reasonably believed it was real.
• A knife, a baseball bat, a tire iron, or any other object that is inherently dangerous.
• Any object that is used in a dangerous way. This is a key point. A normally harmless object can become a deadly weapon in the eyes of the law. We have seen cases where prosecutors have argued that a shod foot (a kick with a boot), a glass bottle, or even a car was used as a deadly weapon.

The state does not have to prove that you intended to kill or even harm the person. They only have to prove that the life of the victim was endangered or threatened. The mere presence of what appears to be a deadly weapon is often enough.

• A “Less Talked About” Stat: The NC State Bureau of Investigation (SBI) provides annual crime reports with detailed data. While we often think of armed robbery involving firearms, a little-known fact from these reports is that a significant percentage of robberies in North Carolina are committed with “strong-arm” tactics or with other dangerous weapons like knives. This is important because the defense strategy for a case involving a knife or another object can be very different from a case involving a firearm.

The Consequences of a Conviction: Facing Decades in Prison

Let’s be very clear. Robbery with a Dangerous Weapon is a Class D felony. This is one of the most serious felony classes in North Carolina.

• The Penalties: A conviction carries a mandatory active prison sentence. There is no probation. The length of the sentence is determined by the state’s structured sentencing grid, which takes into account the felony class and your prior criminal record.
• For a person with no prior record, a conviction for a Class D felony carries a presumptive sentence of 51-74 months (roughly 4 to 6 years) in prison.
• For a person with a significant prior record, that sentence can be 10, 15, or even 20 years or more.

Beyond a very long prison sentence, a felony conviction means:

• You become a “convicted felon” for life.
• You permanently lose your right to own or possess a firearm.
• You will be barred from countless job opportunities, professional licenses, and housing options.

Your future is on the line.

The Fight of Your Life: How We Build Your Defense

An accusation of armed robbery can feel impossible to overcome, especially if a witness has identified you. But an identification is not a conviction. The state’s case is often full of weaknesses that an experienced criminal defense lawyer knows how to expose. Our defense strategy is meticulous, fact-driven, and designed to create reasonable doubt.

1. We Challenge the Identification. This is the most common and powerful defense. Eyewitness identification is notoriously unreliable. Was it dark? Was the witness scared? Did they only get a fleeting glimpse of the person? Did the police use a suggestive photo lineup that pointed the finger at you? We can file motions to suppress the identification and bring in expert witnesses on the unreliability of eyewitness memory.

2. We Argue False Accusation or Mistaken Identity. Is there an alibi that proves you were somewhere else? Do you have witnesses who can account for your whereabouts in Greensboro or Asheboro? Is it possible the accuser has a motive to lie? We conduct our own investigation to find the evidence that proves your innocence.

3. We Attack the “Dangerous Weapon” Element. Was the object really a “dangerous weapon”? Was it used in a way that actually endangered the victim’s life? If the weapon was a toy or a replica, we can argue that the state cannot prove it was a dangerous weapon.

4. We Challenge the “Intent to Deprive Permanently.” This is a more technical defense. Did you take the property with the intent to steal it? Or was it a joke, a misunderstanding, or an attempt to take back your own property? If you had no criminal intent, you cannot be guilty of robbery.

5. We Protect Your Constitutional Rights. Did the police conduct an illegal search to find the evidence? Did they continue to question you after you asked for a lawyer? Any violation of your constitutional rights can be grounds to have the evidence against you thrown out of court.

Why You Need a Trial-Ready North Carolina Robbery Lawyer Immediately

When you are facing a Class D felony and a mandatory prison sentence, you are in the fight of your life. The prosecutor will not be offering a lenient plea deal. This is not a case for an inexperienced lawyer. You need a team of seasoned trial lawyers who are prepared to take your case all the way to a jury.

• We Are Trial Lawyers. Our firm is built on a reputation for being ready, willing, and able to go to trial. We prepare every single armed robbery case for a jury from day one. We believe that the best defense is a strong offense. This preparation is our greatest strength in fighting for a dismissal or a “not guilty” verdict.
• We Have the Resources. These high-stakes cases require a massive investment of time and money. They require hiring private investigators and the best forensic experts. Our firm has the financial resources to fund this fight. We level the playing field against the unlimited resources of the state.
• We Are Your Shield. We understand the immense pressure you and your family are under. From the moment you hire us, we stand between you and the state. We handle all communications with the police and the prosecutor. We guide you through every step of the process with clear, honest advice.

Our deep experience in criminal defense is what you need when your future is on the line.

Key Takeaways for a North Carolina Armed Robbery Case

• Armed Robbery is a Class D Felony: This is one of the most serious violent crimes in North Carolina and carries a mandatory prison sentence.
• A “Dangerous Weapon” Can Be Almost Anything: The object does not have to be a real gun. A toy gun, a BB gun, or any object used in a threatening manner can be enough for a conviction.
• The Stakes are Decades of Your Life: A conviction can result in a prison sentence of 10, 15, or 20 years or more, depending on your prior record.
• Eyewitness Identification is Unreliable: The most powerful defense is often to challenge the witness’s identification of you as the perpetrator.
• You Need an Experienced Trial Lawyer Immediately: Do not talk to the police. Your first and only call should be to a law firm with a deep understanding of how to fight these high-stakes felony cases.