Convictions for Attempted Armed Robbery Based on Evidence of the Completed Crime

In North Carolina, the general rule is that “an attempt to commit a . . . felony is punishable under the next lower classification as the offense which the offender attempted to commit.” G.S. 14-2.5. However, the armed robbery statute, G.S. 14-87, makes it a class D felony to “take[] or attempt[] to take” property from another while in possession of a dangerous weapon. The specific terms of the statute therefore create an exception to the general rule, and render attempted armed robbery the same offense class as the completed crime. The fact that attempted armed robbery is specifically set out in the armed robbery statute and is the same offense class as armed robbery has created considerable doctrinal trouble. In the past month, the General Assembly has tried to fix the problems and the state supreme court has weighed in on an analogous issue. Is attempted armed robbery a separate offense? The first issue that arises is whether attempted armed robbery is a separate offense from armed robbery, or whether there is just one offense – armed robbery – that may be committed through an attempted taking or a completed taking. The state supreme court initially suggested that there might be only a single offense. See State v. Black, 286 N.C. 191 (1974) (“There must be an actual taking of property for there to be the crime of common-law robbery, whereas under G.S. 14-87 the offense is complete if there is an attempt to take property by use of . [...]