Robbery in Virginia is a type of larceny and is a very serious offense. A robbery conviction can result in life in prison so the charge must be handled properly. It is such a serious offense that, upon arrest, there is a presumption against bail and many Fairfax County Judges will be very reluctant to permit a person to remain out of jail pending their case. As a result, it is very important to contact an experienced attorney in these types of cases.
We have represented thousands of people in the criminal arena and can help. Give us a call or use the contact form below to set up a Free Consultation to discuss your Robbery case.
Robbery is, essentially, committing a larceny from another person by the use of force or fear. Specifically, it is the trespassory taking and carrying away of personal property of another with the intent to permanently deprive by use of strangulation, by physical assault or fear of an assault, or by the use or threat of a firearm or other weapon or instrumentality. The main difference between Robbery and a common larceny is the use of force to obtain the property which is why the punishment is far more severe.
Pursuant to §18.2-58 of the Virginia Code, a conviction of Robbery requires imprisonment of not less than five years and up to life. As a result, upon conviction by a jury, they must give at least five years to serve in prison (and can give up to life depending on the case). The Judge will review the Jury's sentence after the verdict and can suspend some of this time if they choose. However, note that most Judges take the position that the "collective community has spoken" and won't change the Jury's sentence. This is why an experienced attorney is required and why many Robbery cases in Fairfax County are resolved by plea agreement with the prosecutor. Many plea agreements are negotiated to minimize prison time exposure.
Our first goal in Robbery cases in Fairfax County is to get our client out of jail. The magistrate is required by statute to hold people in jail absent extraordinary circumstances. Therefore, one of our first acts is to a file a bond motion and argue for their release.
Next we will develop a case strategy. Can our client be identified as the perpetrator by the alleged victim or on video? Was force or fear actually used? Does the alleged victim have a motive to fabricate the incident? Does our client know the alleged victim? Does our client have an alibi? In the event a Robbery did occur is there any mitigating evidence? Does our client have a criminal record? Does our client have any mental health issues that have not been addressed?
Once we have reviewed the case we will sit down with our client to ascertain whether or not a trial is appropriate. It is a big decision and we will help them decide how to proceed based on our experience. Some cases are ripe for trial while others are more appropriate for plea agreement. In any scenario we will prepare our clients and their case to get the best result possible as the facts of the case allows.
We offer a Free Consultation and would be happy to help you start understanding the strengths and limitations or your case. Everything happens for a reason but it doesn't mean there was a Robbery or that our client should be convicted of the offense and face substantial prison time. Hiring a lawyer in a Robbery case is a big decision but hiring a lawyer is a must.