Richmond Armed Robbery Lawyer
In Richmond, there is not an armed robbery; there is robbery and then there is the additional charge of use of a firearm in the commission of a felony. When someone is charged with armed robbery, they are not going to be charged with one charge of armed robbery. What they will be charged with is the robbery itself and then the additional charge of using a firearm in the commission of a felony. The robbery elements are going to be the same: the accused attempted to take or took property from the possession of from the person of another, they did so with the intent to steal, and it was by means of threat, force, or intimidation.
A knowledgeable Richmond armed robbery lawyer can help you through the process. If you are facing robbery charges with a firearm, you should consult with a Richmond robbery lawyer.
Importance of a Firearm in Armed Robbery Cases
The use of a firearm piece essentially says that the person, the accused, used a firearm in the commission of certain felonies, robbery being one of them, and that the use of that firearm was implicit in the completion of the act itself. What that simply breaks down to is using the firearm to commit the robbery. If charged with that, a person is looking at a completely separate and distinct charge that will not be kept away by double jeopardy, and they can bring as many times as they need to.
Richmond law in Virginia is special when it comes to armed robbery because robbery and the use of a firearm are charged as separate offenses. In Virginia, the way that these crimes are charged is that instead of charging with a robbery and then charging with armed robbery and having two separate offenses, an individual can be charged with one offense of robbery, which is the taking of property by means of threat, force, or intimidation, and then they are charged with a complete, separate, and different crime of use of a firearm in the commission of a felony offense.
If an individual is then subsequently charged with use of a firearm in the commission of a felony, now, they are facing an additional charge, which carries a mandatory minimum of three years in jail for a first offense and five years for every subsequent offense.
Difference Between Theft and Armed Robbery?
The main difference between robbery and robbery use of a firearm in combination of theft is, when someone is dealing with theft, there is not going to be a use because once an individual starts using that firearm, then it becomes an armed robbery. The difference between theft and robbery and use is going to be the use of a firearm.
Now, the key element to using a firearm is that the use must be in the commission of the felony. One can have a situation where somebody has a firearm and steals something where they did not use the firearm to steal it.
Reduction of Charges
In the City of Richmond, reduction of charges from an armed robbery to a theft is going to come down to knowing the facts and knowing the law. Being able to negotiate certain elements of the crime so that the Commonwealth shows that they cannot prove is one of the ways to have the charges reduced. The second is being able to create a strong enough story with the mitigating evidence, depending on the facts or circumstances, so the Commonwealth is willing to either dismiss or null the use of firearm charge or to dismiss the charge so that an individual can take a plea on a larceny or whatever the case may be.
But it is all going to come down to mitigation and, if they cannot mitigate, knowing the law and explaining certain things in a way that the Commonwealth is willing to give the individual a favorable plea deal as opposed to prosecute to the fullest extent of criminal law.
Benefits of an Attorney
Every locality is different and it is going to be imperative to have a Richmond armed robbery lawyer who knows the subtle nuances and the procedures of the locality in which the person is charged. It is important to hire a lawyer who knows how the commonwealth attorney’s going to prosecute the case and how certain judges feel about particular charges.
With every locality being different, some things are going to be taken more seriously than others; some things are going to be punished more harshly than others. It is going to be imperative for your Richmond armed robbery lawyer to know what these are to help a person make the best decision as they are trying to decide on what they to do with their case going forward so they can best inform the person if it is going to be taken to a jury, if it is going to be taken to a judge, or if it is taken to a plea or with a plea and argue sentencing. If you have been charged with armed robbery, get in touch with a qualified attorney who can use their knowledge to build a solid case for you.
