Virginia Armed Robbery Lawyer
Robbery is a very serious type of felony. A person can face an active jail sentence, fines, and the conviction will be on a person’s criminal record. As a crime of dishonesty and violence, robbery carries a stigma that affects anybody looking to have a future career or a future job. People with a security clearance or certain types of jobs may find themselves losing those jobs and being unable to apply for some because of the severity of the charges and the pause or the hesitation any future employer would have when they run someone’s record and find a crime of robbery.
If you are facing accusations or charges of armed robbery, you should contact a skilled defense attorney right away. It is imperative you consult a seasoned Virginia armed robbery lawyer quickly to begin your defense.
What Constitutes Armed Robbery?
In Virginia, there is no distinction between robbery and armed robbery. In Virginia, it is just one statute. It is robbery code section 18.2-58. That is the only robbery statute that Virginia has. There is not a distinction between armed robbery, bank robbery, home invasions, or street crimes. It is all just robbery, which is the taking of property from a person by using force or the threat of force, which the statute explains even further by denoting partial strangulation, suffocation, striking, beating, violence or assault, putting a person in fear of serious bodily harm, or the threat of presenting firearms or deadly weapons. It is important to take note that there is not an armed robbery in Virginia; it is just robbery.
Heightened Elements in Armed Robbery Charges
These would be the same elements as robbery, it is larceny plus assault or battery. The elements include first, taking; secondly, from a person; thirdly, with the intent to permanently deprive; and then fourthly, with force or the threat of force. The different kinds of assaults or different kinds of violence that are stated are things like strangulation, suffocation, striking, beating, using deadly weapons or instruments of violence. Those are the different elements, it borrows elements from the larceny statute and then it adds the force or threat of force type of elements in it as well. Those are the things that a prosecutor will need to prove in that case, and it is important to highlight the idea that with robbery the one kind of taking that is criminalized is the taking of property from a person.
The absolute maximum Virginia armed robbery penalties would be life in prison. The statute calls for a minimum of five years, and a judge or a jury hearing the case can sentence a person to that harshest penalty. The penalty is as broad as it is because Virginia only has the one robbery statute.
Benefits of a Virginia Armed Robbery Lawyer
It is very important to have a Virginia armed robbery lawyer very early on who is familiar with the jurisdiction at hand, familiar with the law, and familiar with the precedents. The reason for that is the attorney can predict what kind of outcome would be reached in that case. An individual needs to find somebody who has a lot of experience, who is a good litigator in case this charge goes all the way up to trial in court, who is good at negotiating a plea deal if that applies, and who is very careful and diligent to look for witnesses and will pursue any physical evidence that could be presented on behalf of the defendant.