While theft is the unlawful taking of another person’s property, robbery is considered to be larceny with violence or the threat of violence involved. Because of this, penalties for a charge may be severe, potentially resulting in jail time and fines, as well as a mark on a person’s criminal record.
This mark may have a far-reaching impact on a person’s life, possibly affecting their ability to get meaningful work or secure housing. If you were accused of forceful or violent larceny, you may benefit from speaking with a Fairfax robbery lawyer about your legal options. By working with a dedicated defense attorney, you could understand your rights and decide how to best proceed.
Simply put, robbery is defined as larceny combined with a show of or use of force. In common law terms, the taking of an item is considered larceny; therefore, by adding the use of force, these charges are elevated to robbery. Furthermore, stealing with a show of force against a business or a piece of property is considered burglary.
Essentially, every robbery is theft, but not every theft is robbery. As such, the charge for robbery is considered to be an unclassified felony, meaning a conviction may carry a conviction of up to life in prison. Because of the severity of these charges, anyone accused of robbery may benefit from speaking with a skilled Fairfax attorney.
After a thorough investigation of the case and discussion with the defendant, a seasoned attorney might determine that it is in the best interest of the accused to seek a plea agreement in order to resolve a case. Throughout the case, the defense attorney will usually try to assess what the defendant’s exposure is; this means that they will try to determine what evidence they have against the accused party, how easily that evidence can be proven, and how the evidence could be admitted into court.
Understanding what exposure the defendant has will determine if they may be able to take the case to trial or if they are in a position where mitigation of the charges may be in their best interest. While this is unique to every case, a hard-working and experienced Fairfax attorney could help a person faced with robbery charges to assess their situation and decide how to best proceed.
Under certain circumstances, it may be possible to reduce a robbery charge to some level of theft. Naturally, these are case-specific and defendant-specific instances, meaning that this option will not always be available. To determine if this is a possibility, a steadfast lawyer must understand every element of a case, including how the Commonwealth sees a defendant and their circumstances, as well as the overall strength of a case.
Furthermore, there may be defenses that are available questioning whether the alleged threat of force actually existed. In certain instances, it may be determined that the force or threat of force was insufficient to be legally considered a robbery. In these cases, charges may be mitigated to some form of theft.
If you have been arrested or are under investigation for forceful larceny, you may wish to seek the counsel of a well-practiced Fairfax robbery lawyer. Because of the severity with which these charges are considered, an accused individual might benefit from considering their legal options and building a defense as soon as possible.
However, trying to construct your own defense may be overwhelming and frustrating, leaving you confused and forced to act hastily. A knowledgeable attorney could help to investigate the circumstances of your charges and help to provide guidance through each step of building your defense. Call today to begin working on your case.
Northern Virginia Criminal Defense Group
