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ARMED ROBBERY

DEFENSE OF ARMED ROBBERY CHARGES

Armed robbery involves the taking or attempted taking of another’s property by force or the display or threat of force.  Armed robbery is considered a violent felony under North Carolina law. To be convicted for the crime of armed robbery the State must prove several elements including:

  • That you took another person’s property;
  • That you carried that property away;
  • That you intended to permanently deprive that person of the property; and,
  • That you took the property by using a deadly weapon or with the threat of a deadly weapon.

If you have been charged with armed robbery in North Carolina, you face sentencing as a Class D felon, subjecting you to the possibility of up to 160 months in prison.  If you have more than one prior conviction for this same offense, you are subject to an even longer sentence under North Carolina’s Armed Habitual Felon sentencing enhancement.  Sentencing guidelines in North Carolina are complicated and confusing, but depending on your prior criminal record, you could be sentenced to serve over 20 years in prison for an armed robbery conviction.   

If you are in possession of a weapon during the commission of a robbery, and even if you did not and never intended to use that weapon, you are likely to be charged with armed robbery under North Carolina law.  Even for first-time offenders, a single momentary lapse in judgment or isolated act of desperation could result in you spending decades of your life behind bars. Your only chance of avoiding this inevitable fate may lie in the hands of a lawyer skilled in defending violent crime charges.  It is critical that you contact an attorney experienced right away.

At DeMent Askew & Johnson, we have over 40 years of experience defending armed robbery cases in and around Wake County, and we have a team of armed robbery attorneys with the skills and experience you need to prepare your strongest defense. We will evaluate your case, answering all your questions and making sure you understand all the possible outcomes.  Our goal is to achieve the best possible outcome for you, and we begin preparing to prevail at trial even while we attempt negotiations with the prosecutors’ office. Call to speak to one of our armed robbery attorneys for a free consultation today at 919-833-5555.

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

CRIMINAL DEFENSE SUCCESS

Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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CRIMINAL DEFENSE LEGAL SERVICES

DOMESTIC VIOLENCE

DOMESTIC VIOLENCE

Raleigh Domestic Violence Attorney, Assault on a Female, Threats, Harassment, & Stalking, Violation of Protective Orders

PROPERTY CRIME

PROPERTY CRIME

Property Crime, Theft, Larceny & Embezzlement, Burglary and Breaking & Entering, Common Law Robbery

SEX CRIMES

SEX CRIMES

Sex Offenses, Statutory Sex Offense, Rape, Statutory Rape, and Date Rape, Child Pornography

OTHER SERVICES

OTHER SERVICES

DMV Hearings, Student Discipline, Honor Court, Underage Alcohol Offenses, Expungement of Criminal Record