There is not a specific Virginia robbery statute. The difference between robbery and theft is the presence of two particular factors in the case of the former: taking property directly from a person and doing it with intimidation, a threat of force, or actual force.
In other words, robbery is theft that involves the additional element of taking directly from a person and doing it with force, the threat of force, or some type of intimidation. If you are facing charges, work with a Virginia robbery lawyer in order to ensure that you have the strongest representation possible. An experienced theft defense attorney can help you build your defense to your charge in order to help receive a positive outcome in your case. En Español.
It is a felony offense and what it means is that if a person is convicted, they will lose their civil rights, including the right to vote and the right to bear arms, among others. They will also most likely be facing time in prison. The harshest penalty, in this case, would be life in prison.
The consequences of robbery charges in Virginia depend on the actual criminal record that an individual has and the elements of the case. If a person is convicted of robbery, they are going to be convicted of a felony charge because robberies are always charged as a felony.
Robbery would carry with it time in prison depending on whether or not somebody was injured, whether it happened alongside another felony, and what the background of the accused is. Because of the severity of the consequences of a conviction, it is extremely important to work with a Virginia robbery lawyer to build a proper defense.
For a person to be convicted of robbery in Virginia, the prosecutor is going to need to prove all of the elements of robbery, which are the elements of theft: the taking of something from somebody else against their will or without permission– specifically from their actual person–and that it was with either force, the threat of force, or intimidation.
When it comes to building a defense, the first step a Virginia robbery lawyer will take is to request discovery. From there, they will start mounting a defense based on case law and based on what is going on with the particular situation. Essentially, a Virginia robbery lawyer will look at all the facts that the prosecutor is bringing against the client and then they will go ahead and attack each of the building blocks of the case presented by the prosecution.
Robbery charges are so serious, somebody needs a Virginia robbery lawyer who is going to be zealous and mount a solid defense, somebody who looks at all of the elements, is able to break them down, and is able to defend their client throughout the entire process of the robbery case.
They are going to need to hire somebody who has experience defending clients who are charged with robbery because if somebody is not experienced involving robbery crimes, they are not going to know the law and the issues. They are not going to use the case law and the decisions judges have made. They are not going to know the likely outcomes in that particular jurisdiction. They are not going to know what elements to attack when the prosecution decides to bring the case.
If a criminal lawyer knows that certain things are going to work or not work in front of juries in that particular jurisdiction or in front of certain judges, that is something that they can use to get perhaps a better deal out of the prosecutor or to get them to drop the charges rather than having somebody continue to have to go through the system on a charge that simply does not hold water.