Did you know that robbery is not defined by statute in Virginia? The primary statute simply describes the penalty for robbery. Robbery actually falls under the larceny category and is essentially any kind of theft involving violence or a threat of violence.
Robbery can undoubtedly carry serious penalties and consequences in Virginia. If a weapon or firearm is involved, the offense is considered armed robbery, and penalties will be much more severe.
Robbery includes home invasions and purse snatchings as well as entry into a business.
Robbery is not a specifically defined criminal offense under the Code of Virginia and is considered a common law offense. Under common law, robbery is defined as taking from another individual by threat, intimidation, or force. The use of force could involve a deadly weapon, such as a knife, gun, or bomb. Force or intimidation can also be accomplished without a weapon at all.
The nature of robbery cases varies, ranging from a dispute between acquaintances to a home invasion by a stranger. Due to the scope of robbery cases in Virginia, it is critical that you consult with attorneys who know how to effectively use the specific and unique facts of your case. Doing so will increase the likelihood that you will obtain a more ideal sentence or have your case dismissed altogether.
Robbery is a serious criminal offense in Virginia with a penalty of up to life in prison if convicted.
The Three Strikes Law in Virginia
In 1994, Virginia passed the “Three Strikes Law.” This law stated that anyone who had been convicted of at least two violent crimes would automatically face a lifetime prison sentence if they were convicted of a third violent crime. This is crucial information to be aware of, even if you have been convicted of burglary or one violent crime. Due to the serious nature of how violent crimes are handled in Virginia, it is absolutely imperative that you contact an experienced criminal defense attorney if you are facing multiple violent crime convictions. The sooner you consult with an attorney with all the details, facts and circumstances of your case, the better they will be able to provide the most effective defense.
Defending Robbery in Virginia
Regardless of what the facts and circumstances of your robbery case might be, there are defenses that can be raised on your behalf. The following are a partial list of circumstances that may help reduce your robbery charges or even dismiss your case altogether:
- Whether the search and seizure of evidence was properly conducted
- Whether you were read your Miranda rights before you were interrogated at the time of the arrest
- Whether you were given access to attorney if you asked for one
The Roanoke robbery attorneys are committed to examining what legal strategies would be effective and appropriate in defending your case.
If you are facing robbery charges, you should consult with an experienced and knowledgeable criminal defense attorney such as the Roanoke Criminal Attorneys of Copenhaver, Ellett, & Derrico. They will be able to properly advise you of what realistically may happen in your case in addition to fight to preserve and protect your rights and future. Give them a call today.
Facing robbery charges in Virginia?
If you’ve been charged with a crime related to robbery in Roanoke, the experienced criminal defense attorneys at Copenhaver, Ellett & Derrico can help evaluate the details of your case and your options. For an appointment at our Roanoke office, call us at (540) 343-9349.