Accomplishing a robbery with use of a weapon is a separate offense in Virginia to robbery. An armed robbery is the accomplishment of a felony with the use of a firearm. If a person uses a firearm in a robbery, not only will the person be charged with robbery, but the person will also be charged with the separate offense of using a weapon in the commission of a felony.
When these two charges are combined, it can lead to a very serious outcome for the person charged. With the help of a Stafford County armed robbery attorney can fight to keep a charge from becoming a conviction on your criminal record. To begin this process, contact an experienced robbery lawyer as soon as possible.
If a person is charged with a robbery that is committed using a weapon, the person will be charged with two separate things. The first is robbery and the elements for that are the same as any kind of robbery. It involves the taking of personal property from a person or in their presence by violence or threat with the intention to permanently deprive them with that.
The second charge that the person may receive is the use of a firearm in the commission of a felony. The government needs to prove that in addition to all of the elements of the underlying felony, the person used violence or the threat of violence using a firearm or some other weapon.
It is important to contact a Stafford County Armed robbery lawyer before beginning trial so that they can help their client prepare for the prosecution’s case. In order for the prosecution to prove a robbery was accomplished with a weapon, they must prove all of the elements of robbery. These elements include taking of personal property from a person in their presence and taking that property was accomplished by violence or threat with the intention to permanently deprive the person of that property.
In addition, if a person is been charged with the use of a firearm or a weapon in the commission of a felony, the government is going to have to prove that a weapon or a firearm of some kind was used to accomplish that threat or that violence.
Stafford County Armed robbery lawyers begin preparing a defense by understanding all of the evidence that is out there. They will want to evaluate the prosecution’s evidence with the evidence that is going to be used in the course of the defense. This can include everything from witness testimony, the testimony of the victim, and statements of the accused.
Attorneys are also looking at any physical evidence and forensic evidence, and this can include pictures, videos, fingerprints, DNA or other scientific tests, and anything that they believe can be used to help the defendant or may be used by the prosecution.
The next thing an attorney will want to analyze is whether a person’s constitutional rights have been violated in the course of their arrest or the investigation of the case.
There is a better likelihood of suppressing evidence any time a person has been illegally detained, arrested, searched, has given a confession or made incriminating statements against their will or without the benefit of the Miranda warning. These often can lead to a reduction of the charges.
Armed robbery or any associated offense that is accomplished with a weapon is very serious. Typically, it is a serious set of charges. It is going to be important to use an attorney who has experience in this area so that the person gives themselves the best chance to not suffer the penalties that often come with these kinds of cases.
Defense attorneys are able to leverage their experience over a prosecutor in a number of ways. They are going to be able to draw on experience that they have in the past to help them know what kinds of arguments are going to be successful and what kinds of evidence are going to be most important to judges or juries. They are also going to be able to use that experience in the course of plea discussions.
Because of this, if you are facing penalties due to a robbery charge, it is imperative that you contact a Stafford County Armed robbery lawyer as soon as possible.
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