Armed robbery is a serious crime, and the consequences can be severe. It’s defined as robbery committed with a weapon, or the threat of a weapon.
Because of the risk of violence, lawmakers and judges tend to treat armed robbery more harshly than other forms of theft.
This article will cover what armed robbery is, what sentences you might face if convicted, and other important legal points.
What is armed robbery?
Armed robbery is a serious crime with serious consequences. It’s important to understand the elements that make up this offense.
Elements of armed robbery
For an act to be considered armed robbery, two things must be true:
- There must be an act of robbery. Robbery is defined as taking someone else’s property from them by using force or threatening to use force.
- A deadly weapon must be present. The perpetrator must use a deadly weapon during the robbery or give the impression that they have one.
How armed robbery differs from other offenses
Armed robbery is different from other types of robbery, such as strong-armed robbery, in which no weapon is used. Strong-armed robbery is considered a less severe charge and carries a lower penalty.
In South Carolina, robbery is a common law crime, meaning it’s defined by court decisions rather than statutes.
Sentencing for Armed Robbery
Armed robbery is considered a serious crime and is punishable by lengthy prison sentences. Here’s what you should know about how those sentences are determined.
Mandatory Minimum Sentences
Some states have mandatory minimum sentences for armed robbery, so judges are required to impose at least a minimum term of imprisonment. For example, South Carolina has a mandatory minimum sentence of 10 years for armed robbery.
Maximum Sentences and Factors Influencing Sentencing
The maximum sentence for armed robbery can be severe, sometimes reaching 30 years in prison. The actual sentence depends on factors such as:
- The defendant’s criminal history
- The severity of the crime and any injuries that occurred
- Whether a firearm was used or another type of weapon
- The defendant’s level of cooperation with law enforcement
Parole Eligibility
Even with a lengthy prison sentence, there may be a chance to get out on parole. However, in some states, such as South Carolina, parole eligibility for armed robbery may not occur until a substantial portion of the sentence has been served—in SC, that’s often seven years.
Legal defenses and considerations
If you’ve been charged with armed robbery, it’s important to understand the legal defenses that might be available to you.
Common legal defenses
- Mistaken identity. Eyewitness testimony can be unreliable. It’s possible the witness simply made a mistake when identifying you.
- Lack of intent. The defense might argue that you didn’t intend to commit robbery.
- Coerced confessions. If your confession was obtained through coercion, your attorney can challenge its validity.
The role of legal counsel and expert witnesses
If you’re facing armed robbery charges, it’s essential that you have legal representation. A criminal defense attorney can advise you of your rights and help you build a strong defense. Remember that you have the right to remain silent, and it’s a good idea not to speak to the police before you’ve had a chance to consult with your lawyer.
Expert witnesses can be valuable in cases that involve faulty eyewitness identification or complex evidence. A qualified expert can analyze video footage or other evidence to support your defense.
Key Takeaways
Armed robbery is a serious crime, and the consequences of a conviction can be devastating. Penalties can include lengthy prison sentences, hefty fines, and a criminal record that follows you for life.
If you are accused of armed robbery, it’s critical to seek legal counsel as soon as possible. An experienced criminal defense attorney can advise you of your rights, explain the charges against you, and help you build a strong defense.
These cases often involve complicated legal and factual issues. Your attorney will carefully examine the evidence, challenge any weaknesses in the prosecution’s case, and work to achieve the best possible outcome for you, whether that’s a dismissal of charges, a reduced sentence, or an acquittal at trial.