Somebody can be charged with robbery in Virginia if they see that there is probable cause that a person took something from another person, from their actual person, without their permission using some force, threat, or intimidation. If you are facing Virginia robbery charges, you should contact an experienced lawyer immediately to begin building a defense case.
Robbery is charged when somebody holds up somebody else. Someone takes a gun into a gas station and ask the cashier to empty the gas station register. Someone is charged as a carjacking because somebody goes up to a vehicle, takes out their gun, causes a person to give over their vehicle, and they drive away. These are pretty common robbery scenarios.
An attempted robbery is where a crime was not actually successful but there was an attempt to commit that specific type of crime. For attempted robbery and for robbery, they are both going to be felony charges. Attempted robbery is going to be a slightly less serious felony charge.
Actual Virginia robbery charges are going to be five years to life. An attempted robbery is going to be a Class 4 felony. This charge is two to ten years in prison as opposed to five years to life in prison.
Conspiracy charges are going to need two or more people who have a common scheme or plan to commit robbery and then take an act in furtherance of that scheme. A conspiracy to commit is going to be treated exactly like an attempt charge.
The easiest way to explain this is it is going to be more serious if the person actually carries out the charge. Robbery is itself is going to be more serious. It is slightly easier to prove if the person is charged with attempted robbery. Conspiracy requires another person to be involved and that there has been an act in furtherance of this common scheme. A person can be held responsible for something that they did not actually carry out. Depending on the particular facts of the situation, they might have enough evidence to convict the person.
Somebody can be held responsible for attempt or for conspiracy if they did not actually commit the crime of robbery—if somebody talked about a plan with somebody else and then they did an act in furtherance but did not get quite close enough for an attempt but they were working with somebody else, they will be charged with a conspiracy. It is not finishing the level of the actual crime of robbery but there is going to be an act in furtherance; they just did not quite make it.
A person can be charged with attempt and an underlying offense for Virginia robbery charges. For robbery charges, someone can be charged with both conspiracy and underlying offense. Someone can definitely be charged with an attempt and an offense. They cannot be convicted of both. A person cannot be convicted of a conspiracy if they complete the offense.
A person cannot be convicted for a conspiracy if they have been convicted for a robbery itself. These are like attempt crimes; the person cannot be convicted for both the attempt and for the actual carrying out of the crime.
Someone brings these charges as part of the underlying investigation on the tougher crime. They think that they cannot get the tougher crime proved so they go for the conspiracy or the underlying attempt.
But if it is a situation where there are co-defendants, sometimes they will bring these— especially the conspiracy to commit—as pressure crimes to try to convince somebody to snitch on the other person or to turn a state’s witness and testify against the other person in an exchange for a reduction.
The penalty is still a mandatory minimum of two years. It does provide enough pressure to make people sometimes turn witness against their co-defendant. So definitely as a pressure situation but sometimes as a fallback if they cannot prove their underlying charge.
If you are facing Virginia robbery charges, you should hire a local robbery lawyer. An attorney can assist in negotiating and building a strong defense. They will do everything in their power to assist you during this process. A robbery lawyer is knowledgeable and can challenge the State’s arguments and evidence on your behalf.