Robbery is an extremely serious charge. Convictions carry severe penalties, including lengthy prison sentences, high fines, and permanent criminal records.
A Winston-Salem robbery lawyer from our team could provide essential legal support and help you navigate the state’s complex criminal justice system to protect your rights and future. Our experienced theft and larceny defense attorneys could meticulously review police reports, witness statements, and forensic evidence to identify discrepancies in the prosecution’s case and build the most robust defense against your charge. Reach out to our firm today to schedule your consultation.
Robbery is a felony that involves taking property from a person through force or intimidation. It differs from theft because a victim must be present. To secure a conviction, the state must prove several key elements beyond a reasonable doubt:
Our attorneys could help defend against robbery charges in Winston-Salem by systematically challenging each legal element required for a conviction. Because the state must prove every element beyond a reasonable doubt, a successful defense often focuses on introducing doubt into just one area.
For example, if our attorneys could show that there was no violence or threat, the courts may reduce the charge from robbery to larceny, also known as simple theft. If you honestly believed you were entitled to the property—e.g., retrieving your own specific item or a specific debt—your attorney may argue there was no felonious intent to steal. It may also be possible to argue that you only intended to borrow or use the property temporarily.
In other cases, factual or procedural defenses may be most effective against a robbery charge. Witnesses in high-stress situations often misidentify suspects. Our attorneys could use cross-examination, expert testimony, or surveillance analysis to challenge eyewitness reliability.
If you have an alibi, our lawyers could gather receipts, digital records, or witness statements to prove you were elsewhere when the crime occurred. Our attorneys could also scrutinize the investigation for illegal searches, improper seizures, or Miranda rights violations, which could lead courts to suppress evidence and dismiss charges in some cases.
State law recognizes the following four distinct types of robbery.
Also known as strong-arm robbery, this involves taking property by force or intimidation without the use of a weapon and is typically a Class G Felony, which can carry anywhere from eight to 47 months in jail
This occurs when a defendant uses or threatens to use a firearm or other dangerous weapon—such as a knife or heavy tool—that endangers a person’s life. It is a Class D Felony, carrying significantly harsher penalties, including anywhere from 38 to 204 months in prison.
Train robbery is a specialized charge applied when one uses a firearm or threatening force to rob a locomotive or train car, and is a Class D Felony.
Unlawfully opening or attempting to open a safe or vault using tools, explosives, or stolen keys or combinations, depending on the circumstances, is classified as a Class I Felony, carrying three to 12 months in prison.
Courts determine sentences based on the offense class and the defendant’s prior record level. Our Winston-Salem attorney could help you understand the specifics of your robbery charge and the potential penalties you are facing.
Our Winston-Salem robbery lawyer could act as your primary advocate to seek a favorable ruling in court while protecting your constitutional rights at every stage. When a trial is not in your best interest, our legal team could work diligently to secure a favorable deal that may involve alternative sentencing or reduced prison time.
Our lawyers at McMinn, Fradin, Gray & Logan have often had felony robbery charges reduced to lesser offenses through aggressive plea negotiations. We could also conduct a thorough investigation into your case to challenge evidence, identify procedural mistakes, and raise reasonable doubt in and out of court. Contact McMinn, Fradin, Gray & Logan today to request your free case consultation.
