A Match Made For Prison: Weapons Charges And Armed Robbery Cases In South Carolina

If you are arrested and charged with robbery, you best hope it was not at gunpoint. In South Carolina, armed robbery comes with more serious penalties and possible additional firearm charges, as South Carolina Defense lawyer Michael Sahn explains.

Taking something by force from someone else (or by using the threat of force) is a serious felony in South Carolina. Doing so with the threat of a deadly weapon is an even more serious crime: Armed Robbery.

But the existence of the more severe armed robbery charge is not the only penalty you might face if you are arrested for robbing someone at gunpoint (or with any other deadly weapon). In addition to the felony robbery charge, you can face additional weapons charges connected to your possession, use, or discharge of the weapon.

This is a rather heavy-handed way for South Carolina to lay on the penalties, two layers thick, and ensure harsher sentences for those convicted of armed robbery. But it is also, in some circumstances, a way out. Pleading to lesser charges like the weapons’ charges might be a way to escape the more severe ones.

In the best cases, though, a skilled defense attorney like Michael Sahn, who understands both sets of charges against you, may be able to get both dropped, dismissed or lowered. But that starts with understanding what you are up against.

Understanding The Core Charge – Armed Robbery

Armed Robbery should not be confused with the lesser “Strong Arm” robbery charge, nor the far less severe crime of theft.

Taking something that belongs to someone else is theft; doing so forcefully or with the threat of force is strong-armed robbery.

Only if you steal something from someone using a deadly weapon does robbery become armed robbery.

While strong-armed robbery is also a felony crime in South Carolina, the maximum penalty for it is only 15 years. The maximum penalty for armed robbery, on the other hand, is thirty years, and it comes with a minimum sentence of ten years.

Which Weapons Are Considered Deadly For Armed Robbery In South Carolina?

While nearly any object can be a deadly weapon in the wrong hands, for the purposes of the law, South Carolina statutes name a specific set of weapons as “deadly” for the purposes of committing armed robbery.

The deadly weapons that can get you an armed robbery charge in South Carolina include (but are not limited to):

• Pistols (any firearms will qualify)
• Dirks (long knives and other bladed or edged weapons)
• Razors
• Metal knuckles, i.e., knuckle dusters
• Slingshots (believe it or not)

The law may not be the most recent, but since it also specifies “any other deadly weapon,” you can bet that if you used nearly anything to threaten and rob someone, the prosecution will try to make it out to qualify. Worse, you can even be charged with and convicted of armed robbery without using any weapon at all.

Attorney Michael Sahn is a caring criminal defense attorney serving South Carolina. For over 15 years, he’s helped clients just like you understand their rights, fight underage alcohol possession charges, and get the best possible results for his clients.

Have questions, or in need of quality legal representation? Reach out to Sahn Law Firm at (843) 856-2222 for a free initial consultation today.

Weaponless Armed Robbery – Why You Can Be Convicted Of Armed Robbery Without Every Touching A Deadly Weapon

Ironically, the use or even presence of a weapon is not actually required by South Carolina law for you to be convicted of armed robbery.

If you pretended to have a deadly weapon or the robbery victim believed you had a deadly weapon and were threatening them with it, that is enough to qualify for armed robbery.

That said, it is much worse to be caught with an actual weapon, especially a firearm because that allows law enforcement to add on extra charges specifically connected to the weapon and its use.

What Weapons Charges Can Be Combined With Armed Robbery Charges?

While South Carolina has quite permissive gun laws, even here, it is possible to own or carry a firearm unlawfully. And no matter how legal it is for you to possess and carry it (concealed or otherwise), it is never legal for you to use it to rob someone. It is also illegal, in most circumstances, for you to even draw it and even more severe for you to point it at someone else. And that is just for guns.

Any and all of these illegal actions can be added as additional weapons charges on top of your armed robbery charge if the circumstances apply:

• Unlawful Carry – it is illegal to carry a firearm, especially a concealed one, into certain places (notably schools). It may also be illegal to own or carry certain other deadly weapons.
• Unlawful Possession – Ex-convicts, felons on parole, and those with protection orders out against them are often barred from even owning a firearm and many other deadly weapons.
• Pointing A Firearm At Another Person – it is a crime just to point your weapon at someone, even as a joke.
• Unlawful Discharge Of A Firearm – firing a gun is often illegal, and you can be charged for shooting one during a robbery or otherwise, even if you did not hit anything and were not trying to (such as shooting the ceiling to get people’s attention or cooperation.

These are crimes in their own right, and you could very easily find yourself facing charges for both one or more of these or other weapons charges alongside the charges for armed robbery. Many of these do not even require the weapon to be drawn or used.

Having a deadly weapon in a robbery is even its own crime, which you can be charged with and convicted of independently of how you are convicted on the robbery charge. This crime is called Possession of a deadly weapon during a robbery, and it comes with a maximum sentence of 20 years.

The penalty is even harsher for the “use of a firearm in the commission of a violent crime,” which is its own weapon charge that applies to many armed robbery situations and has a minimum sentence of 5 years in prison if convicted.

When Might A Weapons Charge Be A Good Outcome In An Armed Robbery Case?

In some circumstances, the state may not be able to pin a robbery on you but will still use a weapons charge to get you put away. Clearly, they are, for the most part, dire charges you absolutely want to avoid, especially if you are on parole or have prior convictions.

That said, in some circumstances, a weapons charge could be a blessing in disguise. Pleading guilty to a weapons charge, such as unlawful carry or pointing a firearm, might be enough to get the state to drop charges they have less solid evidence on or are having trouble proving intent on, including armed robbery cases.

In these rare cases, a skilled defense lawyer may even be able to turn the weapons charges you are facing on top of your armed robbery charges into an advantage. But in the vast majority of armed robbery cases, these weapons charges are just an additional layer of penalty and punishment for law enforcement to lay on you that your defense lawyer will have to fight against to get you cleared.

Which is why you are going to need an experienced criminal defense lawyer.

Arrested For Armed Robbery And/Or A Weapons Charge In South Carolina? Call Defense lawyer Michael Sahn ASAP.

Whether you are facing armed robbery charges, weapons charges, or both, in or near Charleston, South Carolina, the clock is ticking on the time available for your defense. The sooner you reach out to a skilled defense lawyer like Michael Sahn, the more he can do to ensure you face minimal penalties or none at all for these alleged crimes.

So, if you or a loved one have been arrested in connection with an armed robbery, call (843) 856-2222 right now or schedule a free consultation online as soon as possible to ensure your rights and freedoms are protected.

Attorney Michael Sahn is a caring criminal defense attorney serving South Carolina. For over 15 years, he’s helped clients just like you understand their rights, fight underage alcohol possession charges, and get the best possible results for his clients.

Have questions, or in need of quality legal representation? Reach out to Sahn Law Firm at (843) 856-2222 for a free initial consultation today.