Common law robbery
Common law robbery is the taking of property from another person, or from their presence, against their will, by violence or by putting them in fear. The State must also prove the person intended to permanently deprive the owner of the property.
The key difference from larceny is force or fear. If property is taken without force or fear, the charge may be larceny instead. Common law robbery is a felony.
Armed robbery
Robbery with a firearm or other dangerous weapon, often called armed robbery, adds one more element. The State must prove that a firearm or other dangerous weapon was used or threatened, and that a person’s life was endangered or threatened.
Some important points:
- Attempts count. An attempted armed robbery is punished the same as a completed one.
- The weapon matters. Whether the object was a real, working firearm or other dangerous weapon is often a disputed issue, and the evidence about it can change the charge.
- Conspiracy. Agreeing with others to commit a robbery can be charged as a separate felony.
- Other charges. Kidnapping, assault, and firearm charges are often added. Our page on Kidnapping Charges explains when restraint during a robbery is a separate crime.
Eyewitness identification
Many robbery cases depend on someone identifying the person responsible. Eyewitness memory can be affected by stress, a weapon, lighting, distance, and how long the event lasted. Research and court decisions have recognized that sincere witnesses can still be mistaken.
North Carolina has rules for how police conduct lineups and photo arrays. We review whether those rules were followed and whether anything suggested an answer to the witness. If the procedures were flawed, we can ask the court to address it.
How we prepare a robbery defense
We investigate rather than process. We don’t accept the police report as fact. In a robbery case we look at:
- Video. Store, street, home, and phone video. Private video is often erased quickly, so we act early.
- Phone and location data. Records that show where people were and when.
- Forensic evidence. Fingerprints, DNA, and any testing that was or was not done.
- Statements. Whether any statement you made was taken lawfully.
- Co-defendants. If others were charged, what they have said and why. Statements from co-defendants seeking a deal deserve close review.
- The weapon. Whether one was recovered, and what it actually was.
- Body camera video. North Carolina law treats these recordings as not public. A person in the recording, or that person’s lawyer with consent, may ask in writing to view them, and a copy generally requires a superior court order.
Young people charged with robbery
Robbery charges against teenagers raise special issues. Under North Carolina’s Raise the Age law, most cases involving younger teens start in juvenile court, but some serious felonies, including certain robbery charges, can be moved to adult superior court. Early advocacy can matter a great deal in that decision. Our page on Juvenile Defense and Raise the Age explains this.
How sentencing works for robbery
Robbery is sentenced under North Carolina’s structured sentencing rules. The sentence depends on the class of the charge and your prior record. Armed robbery is a much higher class than common law robbery. Firearm enhancements, added charges, and whether sentences run at the same time or one after another can raise the total.
Because the difference between common law robbery and armed robbery is so large, whether a dangerous weapon was really used is often the most important question in the case. A reduction from armed robbery to common law robbery, or to another charge, can change the outcome greatly. We tell clients the hard truth about the realistic exposure, and we explain how mitigating factors, such as age, work history, and family support, may matter.
Next steps
Robbery cases are heard in superior court. Bond and release conditions can be strict. Do not discuss the case with anyone but your lawyer, and remember that jail calls and messages are recorded.
We tell clients the hard truth about the evidence, the exposure, and every realistic option, from motions to trial. Request a consultation. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
What is the difference between robbery and armed robbery in NC?
Common law robbery is taking property from a person by violence or fear. Armed robbery adds the use or threat of a firearm or dangerous weapon that endangers or threatens a life. Armed robbery carries a much higher sentence.
Is it armed robbery if the gun was fake?
It can be charged that way. Whether the object was a real, working weapon is often disputed, and the evidence about it can change the charge. The details matter.
Is attempted armed robbery a lesser charge?
No. In North Carolina, attempted armed robbery is punished the same as a completed armed robbery.
Can I get probation for armed robbery in North Carolina?
Armed robbery usually carries an active prison sentence under North Carolina's sentencing rules. The exact range depends on the charge and your prior record. A lawyer can explain your exposure after reviewing your record.