Robbery is a serious crime that could carry a sentence of up to life in prison. Depending on the money taken or the value of the item(s), a defendant could be facing misdemeanor or felony charges. If you have been charged with theft by force, you may need the services of a Loudoun County robbery lawyer. A dedicated theft attorney could fight to protect your rights and pursue a potentially positive outcome in your case.
In Loudoun County, what constitutes robbery is defined by the Code of Virginia, and there are two forms of robbery. One is statutory robbery, which is taking something from a person by the use of force. The other is burglary, which typically refers to entering a home with the purpose of stealing something.
Robbery is a common-law offense that requires theft by force, threat, or intimidation. This differs from larceny which is stealing something from a property without the use of force. However, any time force or even the abstract threat of force is involved, the offense becomes a robbery.
Robbery is a significant criminal charge, so a person may want to obtain a seasoned defense lawyer who handles high-level criminal offenses regularly. Virginia Code states that robbery is a common-law offense and when it is committed by partial strangulation, suffocation, assault, violence, or putting a person in reasonable fear of serious bodily harm it becomes a felony punishable by no less than five years to up to life in prison. Another aggravating element is the presence, brandishing, use of a firearm, or if the other person has a reasonable belief that the defendant has a firearm.
A robbery lawyer in Loudoun County will have handled a variety of cases including robbery offenses and similar violent felony offenses, so they could be able to leverage that experience in trying to gain an advantage over the prosecution to help the defendant.
To prove that a person charged with robbery is guilty, a prosecutor must prove all elements of the offense beyond a reasonable doubt. For a robbery, they must prove that the instance occurred, was an unlawful taking of the property, and that the robbery used one or more specific statutory manners of force such as partial strangulation, suffocation, striking, beating, assault, threat, or presentation of a deadly weapon. The prosecution must also prove beyond a reasonable doubt that the person charged had the intent to commit the crime.
If a person is found guilty of robbery in Loudoun County, under Virginia Code, they can be punished by no less than five years to as much as life in prison. Robbery in Virginia is considered an unclassified felony, meaning it does not fall within a specific one-characteristic class of normal felonies.
Robbery is a serious felony offense, meaning that a convicted person will face potentially severe punishment in addition to the collateral consequences that accompany felonies. Consequences include the loss of civil rights such as the right to vote, the right to hold certain business licenses, potentially the right to certain government assistance and housing opportunities, as well as the right to possess a firearm. The maximum punishment for a person convicted of robbery is life in prison.
Additional consequences include discharge from the military or severe immigration consequences. If immigration status is a potential issue, a defendant in a robbery offense should contact an experienced immigration attorney to work alongside their Loudoun County robbery attorney.
A defense attorney often begins their preparation as they would other cases by gathering all the facts, speaking with the defendant, understanding what evidence may be available to review, following up with witnesses, collecting third-party videos, and preparing arguments. A criminal lawyer may develop a variety of defenses including factual defenses, legal defenses, and defenses centered around the witnesses to be used.
A skilled Loudoun County robbery lawyer could help you prepare an adequate defense and act as an advocate in court. Having an attorney by your side might make a difference in the outcome of your case. Call today to schedule a consultation on your case.
Northern Virginia Criminal Defense Group
