If you have been accused of robbery, it could lead to significant jail time and a permanent felony record. Retaining an Anderson robbery lawyer can be a key step to protecting your rights and future. A robbery charge involves both theft and the use of force (or threat of the use of force), making it a serious crime.
At Ellis Hinton, LLC, we are located in Greenville, but we service SC and beyond. Our attorneys have decades of combined experience as both state and federal prosecutors. We use that background to build strategic defenses for our clients. Early involvement from a defense attorney could help prevent errors that could lead to even greater jail time. We want to ensure your rights are protected every step of the way.
Robbery in South Carolina is governed largely by South Carolina Code of Laws § 16-11-325 (common law robbery, often referred to as strong-arm robbery) and § 16-11-330 (armed robbery). Both offenses involve taking property directly from another person or in their immediate presence through the use or threat of force.
A burglary attorney in Anderson could explain which version of the statute applies to your situation, as penalties differ sharply. Specifically, strong-arm robbery carries up to 15 years in prison. In the alternative, armed robbery carries a mandatory minimum of 10 years and up to 30 years without parole eligibility for the first 10.
Because robbery merges elements of theft and assault, prosecutors must prove more than simple possession of stolen property.
To convict someone of robbery, the prosecution must establish each of the following elements beyond a reasonable doubt:
There must be a taking of money or something of value belonging to another. The item does not need to be permanently retained. However, there must be proof that the defendant attempted to deprive the owner of it.
The property must be taken directly from someone’s person or from an area within their immediate control. Snatching a purse or demanding a wallet qualifies; stealing from an empty building generally does not.
The act must involve actual force or the threat of bodily harm.
The defendant must have intended to permanently deprive the victim of the property. Accidental taking or mistaken ownership negates this element.
Possession, or even the simulation, of a deadly weapon during the taking elevates the charge to armed robbery. Courts have held that implying a weapon, such as concealing a hand in a pocket, may satisfy this element if it instills reasonable fear.
A lawyer who understands the complexities surrounding a robbery charge in Anderson could challenge any of these components. This can be accomplished by a wide range of strategies, including questioning witness credibility, video and photographic evidence, or the prosecution’s proof of intent. Showing that one element is missing can be enough to reduce or dismiss the charge entirely.
A robbery conviction can change the course of your life, but strong legal representation could produce a different outcome. At Ellis Hinton, LLC, we combine prosecutor-level insight with client-focused strategy to handle serious felony cases.
If you are facing allegations of robbery or armed robbery, reach out today to speak with an Anderson robbery lawyer. Honesty, precision, and the determination to protect your rights at every stage define who we are.
(864) 775-5775