What Are the Penalties for Armed Robbery in North Carolina?
Common law robbery is a Class G felony. However, armed robbery is a more serious offense and is charged as a Class D felony. A person charged with aiding and abetting an armed robbery would also be charged with a Class D felony and face the same penalties as if they had committed the crime.
North Carolina uses a complicated sentencing system that takes into account many factors, such as the circumstances of the crime and the defendant’s prior criminal record, in determining their punishment. The sentence could include up to 204 months in prison. In addition, the penalties could include a hefty fine, lengthy probation, and restitution to the victim.
When Can the Punishments for Armed Robbery Be Enhanced in North Carolina?
The penalties for armed robbery can be more severe if an individual is charged as an armed habitual felon under N.C.G.S. 17-4.71 in North Carolina. It is considered a status offense that would be charged separately from the current armed robbery charge.
To be convicted as an armed habitual felon, it must be proven that the individual has one or more prior convictions of a gun-related offense under North Carolina, another state, or federal law. Under this law, a firearm-related offense is defined as a felony committed by an individual while using or displaying a firearm.
While someone charged as an armed habitual felon would face two separate charges, they would only be tried on the current armed robbery charge. If the case went to a jury trial, the jury would not know that the person also faced an armed habitual felon charge. If they convicted the individual of armed robbery, there would be another phase of the trial where the jury would determine whether the prosecutor proved the status offense.
If the defendant were convicted as an armed habitual felony, this offense and the current armed robbery crime would be considered a Class C felony. They would be sentenced to a mandatory minimum of 120 months in prison. The prison sentence could not be suspended, and they could not be placed on probation instead of being incarcerated.
Related Links: |