If there is lack of evidence if the commonwealth has any trouble proving that there is actually threat, force, or intimidation, or if the commonwealth is having trouble proving there was even an actual taking. If they have a lack of evidence, they cannot prove an element.
If somebody had no record and their offense did not include a threat of violence, negotiating robbery to theft in Arlington is very likely. Speaking with a seasoned robbery attorney can help The only time to consider taking a plea deal is when the client is comfortable with the deal and that evidence against them is strong enough to make a plea deal a reasonable option. That is the only time an individual has to take a plea deal.
The main difference in just run-of-the-mill theft and robbery is going to be that use of the threat of force or the intimidation in order to get the items from the alleged victim or the commonwealth’s witness. The Sentencing Commission, the judges, the commonwealth attorneys, and, more importantly, the Virginia legislature have all decided that, as far as robbery is concerned, the fear of people being hurt in the community and the fear of the threat of violence against individuals in the community is so great that it is important to punish more severely those individuals who make the decision to use threats, to use force, or to use fear to hurt people in the attempt to gain financial means is something that should be punished strictly.
Accuser involvement is seen in the juvenile and domestic relations court where somebody is charged for robbing their uncle, their mom, their brother, or somebody who does not want to see the alleged, the accused, actually get in trouble. In certain cases, people who have been charged with robbery who are dealing with a mental health hurdle can discuss those issues in court to be more relatable to the person accusing them.
A person has a better chance in negotiating down a robbery where they have a situation where somebody provides a reason for their actions. That is going to be viewed differently than somebody who is living in a mansion, pulling up to the bank, then robbing him or her of $100,000. There are factual circumstances that can be used to mitigate the case down to something else.
Theft, even though it is not as serious as a robbery, theft could still land a person in jail for up to 20 years and they are still serious charges. They are still crimes of moral turpitude. These accusations can still ultimately can harm a person if the individual not take them seriously.
To discuss your case and see if negotiating robbery to theft is possible in your situation, reach out to a skilled Arlington defense attorney today.
Northern Virginia Criminal Defense Group
