Severity of Armed Robbery In Richmond
It is important to note that the additional element of a firearm in the commission of a robbery will add five years to a sentence in case of a conviction. Unless a person is getting life for the robbery, the additional use of firearm charges are serious. If you are facing charges, work with a local and experienced lawyer to understand the severity of armed robbery in Richmond and to begin building a defense.
Judicial Discretion in Sentencing
When it comes to simple robbery, judges have the opportunity to sentence people within a range. Even if the Virginia Code says, for example, that the penalty for robbery is between five years’ and life imprisonment, the general assembly gives judges leeway to tinker with that a little bit. They can suspend some of that jail sentence. One way is they can give a person five years with four years suspended.
In other words, although the sentence is technically for five years, the accused is only going to have one year. That is, assuming they do not violate the good behavior requirements. In the case of robbery, the judge does not have to put the person in jail for life. They do not have to put the person in jail for five years.
However, because of the severity of armed robbery in Richmond, with the inclusion of a firearm in the charges removes the power of discretion from the judge or the jury. Once a person is convicted–once the gavel is dropped or once the jury comes back with a guilty verdict–the person is going to jail for a guaranteed minimum amount of time.
Penalties in Case of a Conviction
The additional element of using a firearm in the commission of a felony increases the seriousness of the situation when combined with a robbery. Because of the severity of armed robbery in Richmond, either a person is going to be sentenced to three years if it is their first offense or five years if it is their second, and incrementally more with each new offense.
It is important to note that, in this case, there is no half time, there is no credit for good time, and there is therefore no ability to end the incarceration prematurely, regardless of behavior.
How an Attorney Can Help with Negotiations
When it comes to the severity of armed robbery in Richmond, there are two situations in which an attorney may be able to negotiate the charges down to simple robbery. One is when the person can show that a reasonable person would not have believed that the alleged perpetrator actually had a firearm. The other is if it is going to be difficult for the Commonwealth to show that the firearm was employed in the actual felony itself.
In addition, when a person has a multitude of charges, they can then turn around and negotiate the uses of firearm, in order just to have the simple robbery conviction on the record as opposed to having all that mandatory time coming as well. A skilled local attorney will be well equipped to enter into these negotiations, working to achieve the best possible outcome in each particular case.
