“I didn’t have a gun. I didn’t even have a knife. How can they charge me with robbery?”
This question comes up more often than you might think. Many people believe that robbery charges only apply when a weapon is involved. The reality in North Carolina is far different—and far more serious.
NC common law robbery carries severe penalties, even when no weapon is present. Understanding these charges could be the difference between walking free and spending years behind bars.
What Makes Common Law Robbery Different in North Carolina
North Carolina recognizes two main types of robbery: common law robbery and armed robbery.
While armed robbery (under N.C.G.S. § 14-87) involves the use of dangerous weapons, common law robbery doesn’t require any weapon at all. Yet this “lesser” charge still carries felony penalties that can drastically alter your life.
Common law robbery is defined as the taking of money or property from another person by force or fear—without using a dangerous weapon. This means simply pushing someone and taking their wallet, or threatening to harm them without displaying a weapon, can result in felony charges.
The Penalties are Harsher Than Most People Realize
NC common law robbery in North Carolina is classified as a Class G felony. Without a weapon, you’re still looking at:
- 8-31 months in prison for first-time offenders
- Up to 47 months for those with prior convictions
- Permanent felony record that follows you for life
- Loss of certain civil rights, including gun ownership
- Devastating impact on employment opportunities
- Potential housing discrimination
For comparison, certain types of manslaughter, some drug trafficking offenses, and certain child abuse cases are also Class G felonies. The law treats common law robbery as a serious violent crime—weapon or not.
The “Force” Element
One crucial aspect of common law robbery that surprises many defendants is how little “force” is actually required for the charge to stick.
North Carolina courts have consistently held that even minimal force is enough. Cases show that:
- Pushing someone slightly during a theft
- Grabbing property from someone’s hands against resistance
- Bumping into someone intentionally to take their property
All of these actions can satisfy the “force” element of common law robbery. The legal standard isn’t about serious injury—it’s about any force used to accomplish the taking.
How Prosecutors Approach These Cases
Prosecutors in North Carolina take robbery cases seriously, even those without weapons. Here’s what you’re up against:
- Aggressive prosecution, even for first-time offenders
- Limited plea options, as prosecutors rarely reduce to misdemeanors
- Victim impact statements that emphasize psychological trauma
- Security footage from businesses and street cameras
- Witness testimony about force or intimidation used
Without proper representation, defendants often find themselves facing the full weight of felony penalties for what they considered a simple theft.
Common Defenses in No-Weapon Robbery Cases
Several defense strategies can be effective in NC common law robbery cases where no weapon was involved:
- Challenging the force element – Was force actually used, or was it a simple theft?
- Identity issues – Was the identification procedure flawed? Was it too dark for a reliable identification?
- Lack of intent – Was the taking accidental or without intent to permanently deprive?
- Voluntary intoxication – In limited circumstances, extreme intoxication might negate specific intent.
- Mental health considerations – Were there competency issues or mental health factors?
These defenses require careful case investigation, thorough understanding of North Carolina robbery statutes, and strategic presentation.
The Plea Negotiation Process
Given the serious consequences of a common law robbery conviction, plea negotiations become critical. Skilled attorneys often seek to:
- Reduce charges to larceny from a person (Class H felony with less prison time)
- Negotiate for misdemeanor larceny in cases with minimal force
- Arrange for deferred prosecution for first-time offenders
- Secure alternative sentencing like supervised probation instead of active prison time
Each of these outcomes dramatically improves upon the potential 8-47 months of imprisonment carried by common law robbery convictions.
How Prior Record Level Impacts Sentencing
North Carolina uses a structured sentencing system that considers both the offense class and your prior criminal record. For common law robbery (Class G felony), here’s how it breaks down:
- Prior Record Level I (0-1 points): 8-31 months
- Prior Record Level II (2-5 points): 10-39 months
- Prior Record Level III (6-9 points): 15-47 months
- Prior Record Level IV (10-13 points): 17-47 months
- Prior Record Level V (14-17 points): 20-47 months
- Prior Record Level VI (18+ points): 22-47 months
These ranges include minimums and maximums, with judges having discretion within these boundaries. Even at the lowest level, you’re facing significant prison time.
The Difference Between Common Law Robbery and Larceny
Many defendants wonder why they’re facing robbery charges when they thought they’d committed simple theft. The distinction is crucial:
- Larceny (taking property without permission) is typically a Class H felony or Class 1 misdemeanor
- Common law robbery (taking property by force) is always a Class G felony
The difference between these charges can mean years of additional prison time. This is why examining whether force was actually used becomes a central issue in many cases.
Long-Term Consequences Beyond Prison
Beyond prison time, a common law robbery conviction creates lifelong obstacles:
- Background check failures for most professional jobs
- Disqualification from many professional licenses
- Housing application rejections
- Higher insurance rates
- Loss of voting rights during incarceration
- Permanent ban on firearm possession
- Potential deportation for non-citizens
Even after serving time, the felony record continues to punish you for decades to come.
When to Contact an Attorney
If you’re facing common law robbery charges in North Carolina—even without a weapon—time is critical. The earlier an experienced defense attorney, like the team at Dement Askew Johnson & Marshall, gets involved, the more options you’ll have for:
- Evidence preservation
- Witness interviews while memories are fresh
- Pre-charge negotiations with prosecutors
- Bond reduction to secure your release
- Strategic defense planning
The difference between early intervention and waiting until court can dramatically impact your case outcome.
North Carolina’s approach to NC common law robbery is tougher than many people expect. Without a weapon, without violence, and even without causing injury, you can still face years in prison and a lifetime of consequences.
Don’t underestimate these charges simply because no weapon was involved. The penalties are severe, the prosecution is aggressive, and the stakes couldn’t be higher for your future.
