Robbery defendants facing fifteen-year sentences need clear answers about force requirements, identification challenges, penalty mitigation, and defense strategies that create reasonable doubt in violent crime prosecutions.
What is strong arm robbery under South Carolina law?
Strong arm robbery is taking property from another person through force, violence, assault, or intimidation without using a weapon. It's distinguished from armed robbery by the absence of a deadly weapon, but it's still classified as a violent felony carrying up to 15 years in prison. The force element can be satisfied by pushing, grabbing, or any physical contact that enables the taking of property. Even intimidation alone—threatening gestures or words that cause fear—can support robbery charges without actual physical violence. No minimum property value is required; taking anything by force constitutes robbery. Matt McGuire challenges every element prosecutors must prove beyond reasonable doubt, including whether force was actually used, whether you had a legitimate claim to the property, or whether the alleged victim consented to the transfer.
How do police identify strong arm robbery suspects?
Most strong arm robbery arrests result from eyewitness identifications by alleged victims or bystanders who claim to have seen the incident. Columbia Police and Richland County Sheriff's deputies typically conduct photo arrays—showing victims six photographs including the suspect—or physical lineups where witnesses view individuals in person. Unfortunately, these identification procedures are often conducted using suggestive techniques that scientific research proves produce false identifications: showing photos sequentially rather than simultaneously, providing feedback that confirms witnesses' choices, conducting showups where a single suspect is presented shortly after the crime. Witnesses under stress during traumatic events have poor memory encoding, cross-racial identifications are particularly unreliable, and memory degrades quickly after events. Matt McGuire files motions to suppress identifications resulting from improper procedures and cross-examines witnesses to expose identification weaknesses that create reasonable doubt.
Can I be convicted of robbery if I didn't use a weapon?
Yes. Strong arm robbery doesn't require weapon use—only force, violence, assault, or intimidation. South Carolina law classifies robbery as a violent felony whether accomplished with a gun, a knife, bare hands, or threatening words alone. Prosecutors must prove you used some degree of force or created fear in the alleged victim to take their property, but the force required can be minimal—courts have upheld robbery convictions based on snatching property from someone's hand if it involved physical contact or resistance. However, this also means there's significant room to challenge whether actual force occurred. If you simply took property without physical contact or threats, that's theft rather than robbery. If the alleged victim willingly gave you property or you had a legitimate claim of right to it, no robbery occurred. Matt McGuire analyzes every case to determine whether prosecutors can prove the force element beyond reasonable doubt or whether your conduct constituted lesser offenses or no crime at all.
What are the penalties for strong arm robbery in South Carolina?
Strong arm robbery is a felony punishable by up to 15 years in state prison. It's classified as a violent crime under South Carolina's truth-in-sentencing laws, meaning you must serve at least 85% of your sentence before parole eligibility—significantly longer than non-violent felonies. If you have prior convictions for violent crimes, South Carolina's three strikes provisions can enhance your sentence substantially. Beyond imprisonment, conviction creates a permanent violent felony record that destroys employment opportunities, eliminates firearm rights, and prevents you from voting during incarceration and supervision. Courts will order restitution for property value regardless of whether you actually benefited from the alleged offense. For non-citizens, robbery convictions trigger mandatory deportation proceedings under federal immigration law. Sex offender evaluations may be required in cases involving certain circumstances. These devastating consequences demand aggressive defense from an attorney who understands what's at stake and knows how to fight back effectively.
What defenses work against strong arm robbery charges?
Effective defenses depend on your case's specific facts, but common strategies include: (1) Challenging eyewitness identification reliability using scientific research showing memory failures and attacking suggestive police procedures; (2) Establishing alibi through witnesses, surveillance footage, receipts, or electronic records proving you were elsewhere; (3) Demonstrating consent—the alleged victim willingly gave you property or you had legitimate claim of right to it; (4) Proving absence of force or intimidation required to constitute robbery rather than lesser theft; (5) Presenting evidence of mutual combat during altercations where property changed hands, negating the robbery elements; (6) Exposing victim credibility problems and motives to fabricate; (7) Showing you were falsely accused to cover up the accuser's own conduct; (8) Demonstrating you were merely present during a group incident rather than participating in the actual taking. Matt McGuire investigates every scenario thoroughly, develops evidence supporting your defense, and challenges prosecution theories at every stage from preliminary hearings through trial.
How does mistaken identity happen in robbery cases?
Mistaken identity is shockingly common in robbery prosecutions because eyewitness memory is far less reliable than most people believe. When someone experiences a traumatic event like a robbery, stress hormones impair their ability to encode accurate memories of the perpetrator's face. Cross-racial identifications are particularly unreliable—research shows people are significantly worse at identifying faces of other races. Memory degrades rapidly after events, and witnesses often unconsciously incorporate post-event information into their recollections. Police procedures compound these problems: suggestive photo arrays that highlight certain individuals, lineup procedures where witnesses see the suspect in police custody, and feedback from officers that confirms witnesses' uncertain choices. Witnesses who initially expressed doubt become absolutely certain by trial after repeated questioning has solidified false memories. In Columbia's entertainment districts like Five Points, chaotic environments with poor lighting, alcohol-impaired witnesses, and brief observation periods create perfect conditions for misidentification. Matt McGuire challenges these identifications using expert testimony about memory science and cross-examination exposing identification procedure flaws.
Should I talk to police if I'm accused of robbery?
No. Exercise your right to remain silent and demand an attorney immediately. Anything you say to police becomes evidence prosecutors will use against you, and officers are trained in interrogation techniques designed to obtain incriminating statements even from innocent people. Police may claim talking will help clear things up, suggest they just want to hear your side, or imply that requesting an attorney makes you look guilty—all of these are tactics to overcome your constitutional rights. Even truthful statements can be misinterpreted, taken out of context, or contradicted by other evidence in ways that make you appear guilty. If police want you to participate in a lineup or provide alibi information, your attorney can coordinate this after reviewing the evidence and determining the best strategy. Never discuss your case with cellmates at Alvin S. Glenn Detention Center, as jailhouse informants regularly fabricate incriminating statements to obtain sentencing benefits. The moment you're contacted by police about a robbery investigation, call Matt McGuire at (888) 499-5738 to protect your rights before making any statements or decisions.
Can robbery charges be reduced to lesser offenses?
Sometimes. Whether prosecutors will reduce charges depends on evidence strength, your criminal history, and the specific circumstances. If the evidence doesn't support the force element required for robbery, charges might be reduced to larceny or petit larceny (simple theft). If you had some legitimate claim to the property, even if mistaken, prosecutors might agree to drop charges entirely. If the alleged victim's credibility is questionable or witnesses can't identify you reliably, negotiating a dismissal becomes possible. However, Richland County prosecutors are aggressive about pursuing violent crime convictions, and many won't offer reduced charges unless your attorney demonstrates serious trial risks through depositions, motions, and investigation. Some defendants accept plea bargains to lesser charges to avoid the risk of 15-year sentences after trial, but you should never plead guilty without understanding all options. Even reduced charges create criminal records affecting employment and housing. Matt McGuire negotiates from a position of strength by preparing every case for trial, forcing prosecutors to confront their evidence weaknesses and consider reasonable resolutions.
How long do I have to fight robbery charges?
The criminal process timeline varies, but you should contact an attorney immediately after arrest or when you learn you're under investigation. Early intervention allows your lawyer to preserve evidence, interview witnesses before memories fade, and prevent you from making statements that damage your defense. In South Carolina, prosecutors must obtain an indictment within certain timeframes or release you from custody, but this doesn't mean you should wait to hire counsel. The preliminary hearing—where prosecutors must show probable cause—typically occurs within weeks of arrest and presents the first opportunity to challenge their case. Discovery, motion practice, and trial preparation can take months or over a year depending on case complexity. The statute of limitations for robbery charges doesn't affect cases where you've already been accused, but it does mean prosecution must begin within specific timeframes after the alleged offense. Most importantly, don't accept any plea bargain without consulting an experienced defense attorney who can evaluate whether the deal is fair or whether fighting the charges offers better outcomes. Contact McGuire Law at (888) 499-5738 as soon as you become aware of robbery allegations.
