Armed robbery is robbery or use of a firearm in the commission of a felony. A firearm in the commission of a felony is a separate crime in Virginia. There are two separate felony offenses. It comes with mandatory minimum jail time. In the event that you are charged with armed robbery, it is vital that you contact a skilled armed robbery lawyer. An attorney could begin the process of negotiating armed robbery to robbery in Virginia. Work with an experienced legal advocate that could advocate for you.
In armed robbery cases, the prosecutor has to prove separately that there is a felony underlying and there is a firearm, whether it was used, attempted to be used, or displayed in a manner that was considered threatening while they were committing or attempting to commit a felony.
Things that impact the offense are the firearm. Was it during the commission of a felony as defined by Virginia law, was there an attempt, was it displayed in a threatening manner, was it used or attempted to be used, and what does that mean? These are all things that a prosecutor has to unpack and prove, and things that a defense attorney can take on to potentially come up with a robust defense.
Armed robbery is a felony charge. It is severe because it has a mandatory minimum amount of jail time, which is extremely problematic. For a first offense, the minimum is three years. For a second or subsequent offense, it is a mandatory minimum of five years and it can go up from there. There is a certain amount of time that adds on to the underlying felony. The time adds up quickly, and mandatory minimum means the judge cannot go below and cannot suspend that time.
An attorney might recommend a plea deal if they can get out of a felony offense, not from a misdemeanor, but in situations where the evidence looks overwhelming against a person and a person is in a county where the jury does not look kindly on this type of charge. It could potentially cause a person problem. These are all times when a person may want to consider a plea deal. It is an attorney’s duty to bring that deal to their client, whether or not they think that it is a good deal. They can weigh the options with their plan, but they need to bring any kind of offer to their client.
Negotiating armed robbery to robbery in Virginia is possible if the attorney can dispute the weapon element. If it is some type of weapon that maybe disqualifies the firearm, they can negotiate that down so they do not bring that charge. If it was a situation where it is somebody’s offense, nobody was injured or hurt, there was little use of this weapon, it was not used in a threatening manner, or something was up for debate, they might only negotiate it down to just robbery. A lot of times the prosecution wants to pursue the offense because of the violent nature of that type of crime and they do want to punish those.
Negotiating armed robbery to robbery in Virginia is difficult to do alone, which is where an armed robbery lawyer could help. If a person is charged with robbery as opposed to armed robbery, it is still wise to consider hiring an attorney because a person can still get life even if they were not armed. A capable attorney could provide a strong defense for you.
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