Armed robbery is a felony. The Virginia code defines it as a felony that is punished by confinement in jail for not less than five years. It does not say what level of a felony, but what the punishment is. It is a very serious offense, so call a skilled attorney immediately if you are experiencing such charges.
There are a few elements that a prosecutor must prove in an armed robbery charge, and they come from the code section from the element of the charge. First, there has to be the taking of property, so there has to be a transfer of possession or transfer control of that property. Second, it has to be done by violence, force, or intimidation so there has to be that aspect of putting someone under intimidation or using force against someone. Third, there has to be personal property involved.
Fourth, the taken property has to be from a person or from their presence. Fifth, armed robbery must be with the intent to permanently deprive the owner of property. Borrowing something or lending something to someone cannot be punished as robbery or larceny. With any theft charge, there has to be intent to permanently convert that property to one’s use forever, not an intent to temporarily use an item. Proving all of these elements can lead to serious armed robbery penalties in Fairfax.
Because armed robbery is a felony offense, it is a more serious charge and will have harsher penalties in Fairfax. It is punished by up to five years in prison because of the added elements of using force or threat of force, which takes it out of the realm of a misdemeanor and it is punished as a felony.
A person should know how they are being charged or in what court. There are three different levels of court – there is general district court and then there is juvenile, and domestic relations for crimes involving families and crimes involving juveniles. An attorney and individual should know what level of court they were in. They should know any upcoming court dates, arraignment dates, and trial dates. It is highly important to keep on top on those dates to avoid a KPS or show cause going out against the defendant for failure to appear.
A person should have basic information about the charge, court date, and aspects of that nature. They should also be prepared to tell what happened in detail: what day it was that this alleged incident took place, what was involved, who was there, why did it take place, if there were any weapons, if the defendant has any permits or license to carry, et cetera. A person should also provide evidence of that and produce a permit or permission to carry a weapon. They should be prepared with a list of people to contact, like possible witnesses and possible places around that could have a camera to gather evidence. With a professional attorney, a person can best help challenge penalties that they may face for armed robbery in Fairfax.