In order for a case to go to trial in Circuit Court, the only thing a prosecutor needs to prove is that there is a reasonable likelihood that a crime occurred and that it is reasonably likely that the defendant was involved in that crime.
The thing that separates robbery charges from lesser theft charges is the element of force. Anyone who is charged with a robbery is charged with a crime involving the use of force or threat. Contacting an established robbery attorney to learn more about fighting the charges against you.
The statute that prescribes Fairfax robbery penalties indicates that it should be punished by a sentence of a minimum of five years up to life. It is possible in Virginia for judges to suspend a portion of somebody’s sentence and depending on the facts and circumstances of the case and a variety of other things; they can suspend up to five years. It is very rare for a judge in Virginia to agree to suspend any portion of a sentence that a jury recommends after finding someone guilty.
Someone who is facing a robbery charge has to deal with the fact that if a jury finds them guilty of robbery, the jury will then be asked to select a punishment that is a minimum of five years in prison and, when reviewing that recommendation, the judge who presided over the case will be unwilling to suspend any of that sentence.
Fairfax robbery penalties can include up to life in prison. Robbery is a very serious felony charge and almost every case will involve some jail time if a conviction is secured. An individual who is facing robbery charges may have difficulty getting bond at the beginning of their case and will face a great deal of pressure in determining how to proceed with their case, because there is such a large penalty involved.
It is very unlikely for someone who is convicted of robbery by a jury to receive any period of time in prison for less than five years. From the very beginning, when someone is charged with robbery, they have a great deal of pressure on them to try to find any sort of a lesser offense that they would be able to enter a plea to and mitigate some of that extreme punishment.
Fairfax robbery penalties often depending on an individual’s criminal record and the facts and circumstances of the case. An experienced criminal defense attorney may be able to engage in successful negotiations to reduce a robbery charge to a larceny charge in proper circumstances.
Every criminal defense attorney has a different philosophy of when a plea deal is in the best interest of the accused and when is a good idea to take that deal. It is generally not appropriate to accept any kind of a plea deal unless and until the accused and the attorney are both certain that the Commonwealth is able to prove every element of the crime beyond a reasonable doubt.
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