Legal Question in DUI Law in South Carolina

Is it armed robbery or just robbery if you steal less than $20.00 in cash?

Asked on 7/29/12, 9:48 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

The particular charge of Armed Robbery does not have a minimum dollar amount in order to be Armed Robbery.

A lot of other theft/stealing type of crimes do have dollar amounts involved which contribute indetermining sho define the particular crime. But not Armed Robbery does not. It can be one million or fifty cents.

The "Armed" part of it is what makes it such a serious charge and is why it carries up to 30 years.

Obviously, I do not know anything about the case you are asking about, so I can't specifically comment on it. But since you asked the question you did, I'll tell you this. I am a Criminal Defense Attorney in South Carolina and only practice Criminal Defense; and have so for the past 18 years. My office is in the Myrtle Beach area, and I accept criminal cases throughout the state. Having said that, here is something that you might find interesting.......

Through Plea Negotiations, when Armed Robbery is negotiated to a reduced to a lesser charge, the prosecution often will agree to Strong Arm Robbery. You have to remember when reading what I am writing here, that the prosecutor (solicitor) is accountable to the victim on the case. All Armed Robbery charges have at least one victim.

There are two major differences between Armed Robbery and Strong Armed Robbery. One difference is very noticeable and the other is not as noticeable. The first major difference is that Armed Robbery carries up to 30 years. And. Strong Armed Robbery carries up to 15 years.

Here is the second major difference. What most people do not realize right off the bat, is that Armed Robbery has an 85% parole eligibility. Whereas, Strong Armed Robbery has a 25% parole eligibility.

So if for example the defendant received 15 years for Armed Robbery, under the sentencing laws, he/she would become eligible for parole in 12.75 years. On the other hand, if sentenced for the maximum on Strong Armed Robbery, the same parole eligibility would be 3.75 years. That is a substantial difference. Keeping in mind that the solicitor is accountable to the victim(s), saying that the defendant received the Maximum on Strong Armed Robbery, has a whole different sound to it.

Obviously the above does not factor in any other issues which could affect parole; such as certain credits, disciplinary matters, and other matters. Only a one-one-one consultation would really fill a person in on what they need to know.

I also am not trying to say or imply that there is anything dishonest or under-handed going on by anyone. I'm just pointing out that there are a variety of ways that cases are resolved in the criminal courts and this is one example.

Robert J. Johnston, Attorney

Phone: 843-946-0099

Email: [email protected]

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Answered on 7/29/12, 11:48 pm

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