SC Law Blog

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Monday, July 9, 2012

TRUTH? YOU CAN'T HANDLE THE TRUTH.

Robbery not allowed
Robbery not allowed (Photo credit: Arenamontanus)

With the tourist season in full swing, crime is on the rise.  Every year there are a few individuals on vacation that take advantage of the area and conversely, sometimes this area takes advantage of them.  On occasion, individuals are arrested for incidents for which they should have never been arrested.  And sometimes an arrest is the only way to stop a perpetrator from harming others.  There are some occasions in which victims don’t always tell the whole story and it surprises me to see both sides.  Old sayings are old sayings for a reason….they make sense.  As I was always told, there are two sides to a coin. 

Our reporting of arrests and crimes has become a hobby to some and a job to others.  There are several newspapers dedicated to recently arrested individuals, posting their mug shots for everyone to see.  What people must understand is that everyone is innocent until proven guilty.  What you see and hear in the news is just one side of the story and people must remember that sometimes individuals arrested are not guilty of anything.     

Take for instance a report on WMBF stating that Myrtle Beach police are still searching for a suspect that robbed a woman over the weekend in a parking garage. The man accused threatened to shoot the victim if she did not give him everything she had.  The suspect escaped with $40 dollars.  Whether the suspect had a weapon or not, the suspect can still be charged with the crime of robbery.  If the suspect had in fact been carrying a weapon, which is uncertain according to the facts of the case, then the suspect could be charged with armed robbery.

Robbery is statutorily defined in South Carolina as the felonious or unlawful taking of money, goods, or other personal property of any value from the person of another or in his presence by violence or by putting such person in fear.  If the suspect is found, charged, and convicted of the crime of robbery, he will face prison time of a term not less than 10 years and for no more than 30 years.  A person convicted of robbery is not eligible for parole until he has served at least 7 years of the sentence.

Robbery is a felony and as such the penalty involves a prison sentence. Now consider a “what if” here.  What if, this was a drug deal, which went bad?  Does that change your opinion of the crime, the report, and the penalty associated with the crime?  Every criminal defendant is entitled to a defense attorney if they so wish. People make mistakes and it is possible that the wrong man may face robbery charges because the victim is mistaken about his identity.   It may also be the case that the victim is not telling the whole story.  Whatever the facts of this case, it is always the safest bet to keep an open mind and consider that one side of a story is being told.

If you or a loved one has been charged with a crime such as robbery, armed robbery or any other crime, contact Daniel A. Selwa, II for a free consulation.

The details of the recent robbery in Myrtle Beach is attached.

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