Negotiating an armed robbery charge down to a simple theft charge is quite the challenge, especially if there is a firearm involved. However, weaknesses in the prosecution’s case can potentially lead to a deal with the prosecutor where it can be negotiated down.
An accomplished armed robbery attorney knows what to look for and what kind of evidence to present on your behalf. Contacting a lawyer could help you when negotiating armed robbery to theft in Stafford County.
Armed robbery and theft differ in Virginia in a couple of different ways. With armed robbery, there was some type of weapon or threat of weapon involved. The robbery statute allows for robbery even when there is no weapon as long as there is some type of violence that happens with it.
For theft, it does not have the added element of violence. Armed robbery might also take with it that separate charge of possession of a firearm in the commission of a felony, which has the mandatory minimum time attached.
The big difference is the taking of personal property from a person. With theft, it is not usually from a person; it is not from a physical person’s presence or off of their body and it does not have that added element of violence.
before negotiating armed robbery to theft in Stafford County, it may be critical for the accused to understand the severity of theft crimes. For a regular larceny offense or a regular theft offense situation, if it is a grand larceny, a person could have to up to 20 years in prison, depending on the sentencing guidelines, their background, and their criminal history. For an armed robbery, a person could have up to life in prison.
They have that additional possibility of having a separate offense of possession of a firearm in the commission of a felony, which would have a mandatory minimum time of three years if convicted. That is a separate felony offense that goes along with armed robbery that can be charged.
If a person is charged with theft, they should still hire a criminal lawyer because, depending on what it is, it could be a grand larceny and a person could get up to 20 years in prison. Somebody who does not present as inherently responsible or inherently trustworthy is unlikely to get a job or might lose their job. It is something that a person should fight.
If somebody is charged with armed robbery and they have one charge or two charges, this might be a different analysis. Armed robbery is very serious. A person could potentially face up to life in prison. The attorney can go to a prosecutor and can potentially try negotiating armed robbery to theft in Stafford County.
A person should have all the information available, any charging documents if they have those, any information based on any recollection that they have, and any potential witnesses, places, dates, and times. All this information should be available when a person goes to speak with an attorney.
Somebody charged with armed robbery should hire an attorney in Virginia because the risk is extremely great going forward by oneself that they will be convicted and face a significant amount of time in prison. If convicted, that individual could lose their right to vote and many other collateral rights like the right to carry or to have weapons in Virginia. They could potentially lose their job and access to government and federal services. There are so many consequences to an armed robbery conviction that it is absolutely imperative that a person has an attorney to help them fight the case.
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