Fauquier County Robbery Lawyer
A robbery arrest is serious and carries the potential for a life sentence. Robbery is always charged as a felony. A felony conviction can result not only in a prison sentence but the loss of various civil rights, including the right to vote.
If you were arrested and charged with robbery, contact a persistent theft defense attorney as soon as possible. A Fauquier County robbery lawyer could protect your rights and defend you aggressively.
Robbery in Virginia
Although sometimes used synonymously, robbery and burglary are different crimes with different punishments. In Virginia, robbery refers to theft from a person by force or the threat of violence.
Burglary and larceny do not involve harm or violent threats to another person, and whether such an offense is a misdemeanor or felony depends upon the value of the stolen property. Think of a robbery charge as mixing elements of assault and larceny. A felony conviction stays on a person’s record for good, while a misdemeanor conviction may remain on an individual’s record for 11 years.
If a firearm is used, the defendant faces even more serious charges. In Virginia, any use of a firearm when a felony is committed carries a minimum three-year sentence. If it is a subsequent conviction, the mandatory minimum for use of a firearm during the commission of a felony is five years in prison. Because the penalties are so severe, anyone charged with robbery should seek the services of a Fauquier County robbery lawyer.
Punishment for Robbery
Under Virginia Code 18.2-58, a person convicted of robbery who has done “violence to a person” or put the person in fear of serious bodily harm or uses a firearm to commit the act faces a minimum of five years in a state prison and a maximum of life in prison. Those convicted of robbery also face a fine of up to $2,500.
Virginia law does not distinguish between various types of robbery, so a bank robbery and a street mugging may carry similar penalties. There is no statute of limitations when it comes to robbery, so defendants may be arrested from crimes allegedly committed years earlier.
Three Strikes Law
Since the 1980s, Virginia has had the so-called “Three Strikes” law in place. Under this law, convicted felons lose their right to parole if they commit three separate crimes – either murder, rape or robbery with a deadly weapon. If the current arrest is a third “strike” for the defendant, they could end up spending years, or the rest of their lives, in prison.
The Necessity of a Fauquier County Robbery Attorney’s Assistance
A criminal defense attorney examines all the facts the prosecutor is using against the client. The prosecutor must prove that the defendant intended to steal, or actually stole, property and used bodily harm or the threat of such harm to do so.
An attorney builds a defense strategy by looking for holes in the prosecutor’s case. The lawyer also investigates whether evidence’s search and seizure was conducted correctly and that the individual was read their Miranda rights at the time of arrest.
If you or a loved one have been arrested for robbery, you need the services of an experienced Fauquier County robbery lawyer. Call our office as soon as possible to arrange a consultation. You should not give law enforcement any information until you have retained legal counsel.