Is there a statute of limitation on common law robbery and what are the sentencing guildlines

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Is there a statute of limitation on common law robbery and what are the sentencing guildlines

Asked on May 12, 2009 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

What do you mean by statute of limitations? If you mean for a warrant out for your arrest, no. In terms of bringing the case to court, you have a constitutional right to a speedy trial, however, the court can continue trials based on motions, and reasonable timeframes. 

§ 15‑10.  Speedy trial or discharge on commitment for felony.

When any person who has been committed for treason or felony, plainly and specially expressed in the warrant of commitment, upon his prayer in open court to be brought to his trial, shall not be indicted some time in the next term of the superior or criminal court  ensuing such commitment, the judge of the court, upon notice in open court on the last day of the term, shall set at liberty such prisoner upon bail, unless it appear upon oath that the witnesses for the State could not be produced at the same term; and if such prisoner, upon his prayer as aforesaid, shall not be indicted and tried at the second term of the court, he shall be discharged from his imprisonment: Provided, the judge presiding may, in his discretion, refuse to discharge such person if the time between the first and second terms of the court be less than four months. (1868‑9, c. 116, s. 33; Code, s. 1658; Rev., s. 3155; 1913, c. 2; C.S., s. 4521.)

Robbery in your state is a Class G felony, which carries quite some time (http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_15A/GS_15A-1340.17.html).  See the laws below:

§ 14‑87.1.  Punishment for common‑law robbery.

Robbery as defined at common law, other than robbery with a firearm or other dangerous weapon as defined by G.S. 14‑87, shall be punishable as a Class G felony. (1979, c. 760, s. 5; 1993, c. 539, s. 1174; 1994, Ex. Sess., c. 24, s. 14(c).)

 

§ 14‑1.  Felonies and misdemeanors defined.

A felony is a crime which:

(1)       Was a felony at common law;

(2)       Is or may be punishable by death;

(3)       Is or may be punishable by imprisonment in the State's prison; or

(4)       Is denominated as a felony by statute.

Any other crime is a misdemeanor. (1891, c. 205, s. 1; Rev., s. 3291; C.S., s. 4171; 1967, c. 1251, s. 1.)

 

§ 14‑2.3.  Forfeiture of gain acquired through criminal activity.

(a)       Except as is otherwise provided in Article 3 of Chapter 31A, in the case of any violation of Article 13A of Chapter 14, or a general statute constituting a felony other than a nonwillful homicide, any money or other property or interest in property acquired thereby shall be forfeited to the State of North Carolina, including any profits, gain, remuneration, or compensation directly or indirectly collected by or accruing to any offender.

(b)       An action to recover such property shall be brought by either a District Attorney or the Attorney General pursuant to G.S. 1‑532. The action must be brought within three years from the date of the conviction for the offense.

(c)       Nothing in this section shall be construed to require forfeiture of any money or property recovered by law‑enforcement officers pursuant to the investigation of an offense when the money or property is readily identifiable by the owner or guardian of the property or is traceable to him.  (1981, c. 840, s. 1; 2008‑214, s. 1.)

 

 


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