In addition to criminalizing larceny as the act of unlawfully taking property belonging to someone else, state law establishes robbery as a separate and distinct offense. Understanding the difference between robberies and other larceny-related offenses may be crucial to constructing a strong legal defense, as punishments that may be passed down after a conviction and could vary significantly depending on the circumstances.
With a dedicated theft attorney’s guidance, you might stand a better chance of countering the prosecution’s claims that you meet all the legal criteria necessary to constitute this crime. A knowledgeable NoVa robbery lawyer could potentially help you avoid significantly harsher penalties than you might otherwise face.
According to Code of Virginia § 18.2-58, robbery entails someone committing theft by means of:
There are several key components to this offense that must be present for someone to be convicted in court. First, the prosecution must show that the defendant physically took someone else’s belongings while in the property owner’s presence and without their permission. Second, the prosecution must then prove the defendant knowingly and intentionally took the property in question, intending to deprive the owner of its use or benefits.
Lastly, the prosecution must demonstrate that the defendant used physical force, intimidation, or some other form of threat or violent action during the theft. This element is what primarily differentiates robberies from other theft charges, and it is one of many areas of a prosecutor’s argument that a skilled robbery attorney in NoVa could provide irreplaceable assistance.
Upon a felony conviction like this, a defendant could face a prison sentence of five years, or up to a life sentence. As a determined robbery attorney in NoVa could explain further, the severity of sentencing in this kind of case often depends on the extent of harm that the alleged victim sustained.
Displaying or using a firearm while robbing someone may constitute a violation of VA Code § 18.2-53.1. This prison sentence has a three-year minimum for a first offense and a five-year minimum for subsequent convictions, and would run consecutively to any sentence the defendant received for a different conviction.
VA Code § 18.2-58.1 defines carjacking as a unique form of robbery involving the theft of a motor vehicle through force or intimidation. A carjacking conviction mandates a minimum prison sentence of 15 years to a life sentence maximum for convicted defendants.
Robbery can be a difficult charge to defend against, especially if you have a history of criminal allegations or convictions. There are ways you could effectively protect your rights and pursue a favorable case outcome if you seek help from a seasoned attorney.
During an initial consultation, a NoVa robbery lawyer could discuss options with you in a confidential setting and set you on course towards a positive resolution. Call today to schedule a meeting.
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