Arlington Robbery Penalties
Arlington robbery penalties can be quite harsh. Robbery carries anywhere from five years to life in prison, depending on the severity of the initial offense and a person’s record. Individuals who have been charged with robbery should seek the services of a qualified robbery attorney that could attempt to mitigate the penalties an individual may face.
Elements the Prosecution Must Prove in a Robbery Case
The prosecution must prove, of course, that there was a taking and the taking was done with the intent to permanently deprive the owner or possessor of property from their person or in their presence. Essentially, it could involve someone taking something from someone’s pockets or something that is near somebody but not necessarily on their person. They must prove that the taking is done against this individual’s will and that it is clear that they do not want to give a person their stuff, and that the taking is done by means of threat, force, or intimidation.
Consequences of a Robbery Conviction
A robbery is always a felony offense and, with that, not only is an individual looking at Arlington robbery penalties like life in prison but also, if an individual is convicted of a felony offense, they will lose the right to vote and the right to have a firearm.
Firearm Possession and Resultant Penalties
If convicted of robbery, any time a person is caught possessing a firearm after that conviction, they are looking at a new charge of possessing a firearm as a felon and, on top of that, a robbery is considered a violent felony.
Not only is a person looking at the new charge of being in possession of a firearm as a felon but since robbery is considered a violent felony, for every separate firearm felon charge, they are looking at a mandatory five years in jail, as in five years or nothing. Once an individual has been convicted of a robbery, every time they are found to possess a gun, they will get a mandatory five years in jail. On top of that, they will be considered a Category 1 offender.
Sentencing in Robbery Cases
The Virginia Sentencing Commission has a book that lists most criminal offenses in the Commonwealth and, in that list, they have recommendations for what somebody charged with a certain crime should receive.
If an individual is charged with larceny and they do not have a record, or if they are charged grand larceny and do not have a record, the Virginia Sentencing Guidelines Book might recommend minimal or no jail time. It changes depending on a person’s record and depending on the crime.
Impact a Record Can Have on Sentencing
If an individual has a robbery on their record and they are considered a Category 1 offender that could serve as an aggravating factor for charges they already face.
If an individual has a robbery on their record and then, 30 years later, they are charged with grand larceny, because of that robbery, then they are at Category 1 status. That means that someone could automatically be facing a sentence of five years because of a prior offense. A robbery is going to jack up the guidelines, it would take away an individual’s rights and it is going to carry life imprisonment.
Information to Share With an Arlington Robbery Lawyer
The information an individual should share with their attorney includes their name, the alleged date of the incident if they know it, the name of the victim if known, where they are as far as if they are in the jail or if they are out in the community, and then, lastly, what is the allegation that they face. This information will help the lawyer prepare a solid defense. Other measures individuals can take include turning themselves in or, getting out on bond. Once a person does these things, an attorney could work with them to build their case and mitigate the potential Arlington robbery penalties that they face.