Required

Culpeper Robbery Defense

In order for a person to be charged with robbery, a prosecutor must prove two principal elements: (1) that a theft occurred, and (2) that force was used in order to effectuate that theft. Of course, the prosecutor must also prove some basic elements such as the identity of the perpetrator and the jurisdiction in which the crime was allegedly committed, but the principal two elements of concern are whether a theft occurred and whether force was used to effectuate that theft.

The first thing that a Culpeper criminal lawyer will do when he or she begins to prepare a defense for a robbery case is to speak with his or her client to understand his or her version of the event. This conversation will provide the lawyer with a good, though not final, idea of where the case is going. It is important to speak with a lawyer as soon as possible so that they can build your defense.

Next, the lawyer will do everything he or she can to investigate the case. The first step in investigating a case almost always involves engaging the Commonwealth Attorney in the discovery process. The discovery process can take quite a bit of time, depending on the jurisdiction and available evidence.

At this stage in the process, the lawyer may also employ the services of an independent investigator to speak with witnesses and determine whether or not anything they saw or heard could be helpful to the defendant’s case. The investigation is absolutely the beginning of any proper Culpeper robbery defense and is taken seriously.

Culpeper Theft Charges

There are certain circumstances in which a defense attorney may be able to negotiate a robbery charge down to a theft charge. For instance, if it appears as though the use of force or violence—or the threat of force or violence—was minimal in nature and perhaps a misunderstanding or miscommunication between the defendant and the alleged victim, the prosecutor may feel as though he or she may lose a robbery charge at trial but win a theft charge.

Under such circumstances, the Commonwealth might be willing to negotiate a robbery charge down to a theft charge. While these circumstances will be considered while building a Culpeper robbery defense, if the alleged robbery involved what appears to be unquestionable violence or threat thereof, it is very unlikely that the Commonwealth will be willing to negotiate a robbery charge down to a simple theft or larceny charge.

Theft vs Robbery

Theft is still a criminal offense. Many types of thefts are considered felony offenses and all types of thefts are considered crimes of moral turpitude. Any individual who has been charged with theft should be aware that, if convicted, he or she will have a crime of moral turpitude on his or her criminal record.

This can have a number of negative consequences as it conveys to anyone who looks into the individual’s criminal record that he or she committed a theft or a financial type of crime in his or her past. This may, in turn, lead potential employers to mistrust the individual and act as a significant barrier in the hiring process.

In this way, any form of theft charge or conviction that appears on an individual’s criminal record can have significant negative consequences and, for this reason, any individual who has been charged with a crime of moral turpitude, such as theft, should consider hiring a criminal lawyer.

Plea Deals

Once a lawyer has fully investigated the case, he or she will be able to determine whether or not it is very likely that the Commonwealth will be able to prove the robbery charges beyond a reasonable doubt. If the case were to go to trial and the Commonwealth were to prevail, it is very likely that the defendant would receive a harsher sentence after going to trial.

Therefore, in cases in which it appears as though the government would be able to prove its case beyond a reasonable doubt at trial, entering into plea negotiations before the trial can likely result in reduced sentencing. An attorney will discuss this aspect of a Culpeper robbery defense with his or her client.

If you might be facing robbery charges in Culpeper, begin building a defense as soon as possible to maximize your options. Your first step should be contacting an attorney.

Practice Areas