Mecklenburg County Robbery Lawyer

While robbery is sometimes confused with the more general concept of “theft,” the two terms have very different meanings under Virginia law. Theft, known as larceny in the Commonwealth, involves unlawfully taking another person’s property, while robbery includes these elements plus the threat or use of violence.

If you were accused of taking another’s property by force, a Mecklenburg robbery lawyer could tailor a legal defense strategy to the facts of your case. A dedicated theft attorney like Karin Riley Porter could gather evidence, thoroughly evaluate the prosecution’s case against you, and fight for your best interests in court.

The Crime of Robbery Defined

Robbery generally occurs when someone uses or threatens physical force against another to obtain property or money. If a deadly weapon such as a gun is used, or an individual suffers an injury during the robbery, the charge could be changed to armed or aggravated robbery. Under Code of Virginia § 18.2-58, an individual could take someone’s property or money, thereby committing robbery, in one of three ways.

First, robbery could involve the use of force, such as suffocation, partial strangulation, striking, or any other assault on the person. Second, the person may not actually touch the individual but may take their property by causing them to fear serious harm. The third way that a person could commit robbery is if they use an instrument like a knife or a baseball bat during the course of the alleged offense.

The amount of force used can determine whether the offense is first- or second-degree robbery, but any force or intimidation that compels the victim to surrender property may support a robbery charge. If the violence or intimidation was sufficient to cause someone to hand over their property, the act would be considered robbery in the Commonwealth.

Range of Robbery Offenses and Penalties

In Virginia, robbery is defined by Virginia Code § 18.2-58 (Robbery) as the taking of personal property from a person, or in the person’s presence, against their will, by means of violence or intimidation. Virginia law does not classify robbery into degrees. Instead, a single statutory framework governs the offense.

A conviction for robbery is punishable by imprisonment for a term of five years to life. If a firearm is used in the commission of the offense, additional mandatory minimum penalties apply under Virginia Code § 18.2-53.1 (Use or display of firearm in committing felony).

When the offense involves the taking of a motor vehicle by force, violence, or intimidation, it is prosecuted as carjacking under Virginia Code § 18.2-58.1 (Carjacking). Carjacking carries a sentence of imprisonment for a term of 15 years to life.

The Elements of Robbery Required for a Conviction

For someone to be convicted of robbery, the prosecutor must establish certain basic elements of the case. The following are elements of robbery that must be met for the prosecutor to prove the offense occurred:

• The accused intended to take or steal someone else’s personal property
• The property was taken from the alleged victim’s person in their presence
• The act was committed against the alleged victim’s will
• The act was committed by intimidation, threat of force, or violence

We challenge the prosecution’s evidence and ensure your rights are protected.

Learn How a Mecklenburg Robbery Attorney Could Help

If you are facing robbery charges, retaining experienced representation from Price Benowitz could be crucial to your future. A skilled legal advocate could work diligently to protect your rights and tell your side of the story. Call now to schedule a free evaluation with a Mecklenburg robbery lawyer and discuss your options.