Richmond Robbery Lawyer
Robbery is a combination of theft, where one takes any item of value from another through some sort of confrontation, and assault, which is defined as placing the victim in immediate fear of suffering serious bodily harm. Unlike most offenses, robbery is, still to this day, a common law offense, which means that as far as the code is concerned or instructions are concerned, the elements of robbery are defined by common law.
Essentially, what that is going to be is a taking of property from another or from the presence of another by the means of threat, force, or intimidation. If proven, the penalties can range widely, making it important that a Richmond robbery lawyer is contacted as soon as someone is charged. A skilled defense attorney should be contacted as soon as possible.
Elements of Robbery
The main difference between robbery and other forms of theft is going to be the element of threat, force, or intimidation.
With most theft offenses, auto theft, petty larceny, grand larceny, unauthorized use, and things of that nature, while there is some form of taking either from a person or from someone’s person, the taking is not done by violent means.
The alleged victim in these other forms of theft is not as in fear of peril, whether it is mental, physical, or emotional. However, with robbery, the main procedure in which items, money, or whatever the case may be are being removed or attempted to be removed is going to be the use or threat of some form of harm or violence.
Variable For Robbery Charges:
The common law offense of robbery is not specifically cited in Commonwealth legal statutes. The crime has been recognized for centuries, but the law does outline how it is prosecuted, and its penalties. The penalties will depend on how many of the following variables are involved in the facts of the crime:
- Did the suspect have a weapon, and if so, was it used during the crime?
- Was the victim assaulted?
- If the victim suffered injuries in the robbery/assault, how serious were they?
- Were other crimes committed at the time the robbery took place, and if so, what were they?
Virginia’s larceny (theft) rules that apply to the value of the property taken in a robbery might have some influence on whether the subject is charged with a felony or misdemeanor. Most robberies involve the commission of at least one felony. So, the value of the property stolen can be secondary to the robbery top count.
In its mildest form (threatening but not causing the victim harm), felony robbery can bring a five-year prison sentence meaning it is imperative that a Richmond robbery lawyer is contacted as soon as possible. The presence of more of the three specific characteristics listed above that are associated with the robbery, the longer the prison time. Though the statute says the penalty for robbery is “five years to life,” the wording is purposeful. This allows the punishment to fit the unique circumstances of the crime.
Attempted robbery is charged as a class 4 felony, which brings two to 10 years in prison and a possible maximum fine of $100,000. To learn more about the charges that an individual could face or potential punishments, it is best to contact a knowledgeable Richmond robbery lawyer.
Defending Against the Prosecution
Although the elements that the prosecution must prove are few, there are still a lot of issues that can come up within a robbery case from the elements.
There are constitutional issues such as illegal searches or seizures, false identifications, or mistaken fact or mistaken law and all those things can come to play in a robbery charge. An experienced Richmond robbery lawyer will be able to find those gaps, find those caveats, and parse them in a way that can lead to the charge against the individual being dismissed or the charge against the individual being reduced to some other matter or some other lower-level offense that will not carry as much jail time, will not lead to the individual being locked up, and can protect the individual’s future.
On top of that, an experienced attorney will try to bring that leverage over the prosecution so it can then turn their experience as far as their track record on booking on robberies, their reputation as an attorney who is not going to roll over but who is going to fight for the individual every step of the way. They can use that in leveraging negotiations and also leading to positive outcomes for their client in and out of court.
Qualities to Look For in an Attorney
The first thing an individual is going to want from a Richmond robbery lawyer is experience. Working with someone who has dealt with these matters before as well who knows the way in which to maneuver in both the general district and the circuit court, and someone who understands the implications of a robbery charge and will be thoroughly prepared to defend the case is vital.
An individual is also going to want somebody who is competent, somebody who knows the law, knows how to argue the law, knows how to research the law, and is going to be able to find the individual the best possible defense.
It is equally important that an attorney has zeal and tenacity. A robbery charge is serious. The City of Richmond takes robbery seriously. They prosecute it to the fullest extent of the law. They want to put the individual in jail. They want to put the individual in jail for a long amount of time. With that being said, an individual is going to want somebody who is willing to do whatever they can go out, investigate, and fight for them.
A lot of people do not like or enjoy working with robbery defendants—those accused of actually robbing someone. An individual wants somebody who is not going to be worried about who the person is as the defendant, and instead worries about helping them, fighting for them, and doing everything they can to defend them no matter what.
Contacting a Richmond Robbery Lawyer
Robbery is a serious offense and therefore carries severe consequences including both jail time and possible fines. For this reason, it is important that you take these charges seriously and contact a Richmond robbery lawyer as soon as possible. Through your contact with an attorney, you can learn more specifically what your case entails and develop the strongest defense possible. Contact a lawyer who will approach your case with zeal and tenacity, and can fight for the best possible outcome for you.