Robbery stands as a violent crime and holds significant weight as a felony offense in the Commonwealth of Virginia. If you’re accused of robbery, it’s crucial not to attempt to handle the case independently. Whenever your civil rights, finances, or freedom hang in the balance, seeking counsel from a seasoned legal robbery lawyer well-versed in the law and familiar with cases pertaining to your charges is essential.
Robbery convictions in Virginia come with mandatory sentencing and imprisonment. In the Commonwealth, anyone convicted of robbery must fulfill part of their sentence behind bars without exception. That’s why it’s crucial to start crafting a defense strategy early on. A skilled robbery attorney might challenge the legality of evidence or demonstrate its weakness in your case.
Understanding Robbery Charges in Virginia
Robbery entails seizing property from another through threats or force. While it falls under the category of theft, robbery carries greater severity due to the potential threat of harm posed to the property owner.
In Virginia, robbery is divided into first- and second-degree charges, determined by various factors such as case details and the strength of evidence held by the prosecutor. First-degree robbery charges are typically filed if the defendant employs force against the victim or threatens deadly force while possessing a weapon. Second-degree robbery involves the victim feeling threatened with bodily harm, though no weapon is used during the crime.
In order to convict a person of an offense, certain elements must be present in the crime. The defendant is deemed guilty of robbery if:
- They act without the property owner’s consent.
- They have the intent to pilfer the property.
- They seize property from its lawful owner.
- They utilize force or intimidation to obtain the property.
Furthermore, if the targeted property happens to be a motor vehicle and the individual is accused of robbery, the charge escalates to “carjacking,” carrying a sentence ranging from fifteen years to life. Should the robber cause serious bodily harm to a victim, even without employing a deadly weapon, they may face an “aggravated robbery” charge. This offense is more severe than simple robbery, with laws imposing stricter penalties in cases where victims sustain serious injuries rather than mere threats. Typically, a robbery conviction results in a prison sentence, the duration of which hinges on factors like the accused’s criminal record, the specifics of the case, and the gravity of the crime.
Virginia's Three Strikes Law
In 1994, Virginia enacted the “Three Strikes Law,” stipulating that individuals with two prior convictions for violent offenses would receive a life sentence upon their third conviction for any violent crime without the possibility of parole. Moreover, in 1995, Virginia eliminated parole for felons. It introduced truth-in-sentencing guidelines, mandating that offenders fulfill at least eighty-five percent of their sentences, irrespective of their conduct in prison. This shift transferred authority from parole boards to sentencing judges.
Given the severity of these consequences, the importance of seeking legal advice early on becomes evident. Providing the robbery lawyer with comprehensive information and being entirely honest is crucial. Record every aspect you can recollect regarding the scenario, including time, place, and any witnesses. Moreover, all pertinent documents and evidence must be gathered to maintain a thorough file for the Virginia robbery lawyer.
Robbery Defense Lawyers
Several defenses are available for a robbery accusation. The defendant may seek to convince the jury that the prosecution’s evidence falls short of proving their guilt. Alternatively, they may acknowledge their actions but argue that specific circumstances absolve them of responsibility. Common defenses against robbery charges encompass innocence, involuntary intoxication, entrapment, and duress.
The defendant need not fully persuade the jury of their innocence; rather, they must simply raise reasonable doubt regarding the prosecution’s case. Consult with an experienced robbery lawyer in Virginia from Marquis Law Group to understand the optimal course of action if you or a loved one is accused of robbery.