Hampton Roads Robbery Lawyer 

A Hampton Roads robbery lawyer can explain what robbery specifically is. In Hampton Roads, robbery is best understood as larceny plus assault. It is the use of force to take an item from a person. With robbery, there has to be shown that the item was stolen by force or by a threat of force and that is not required under normal theft charges. Also, theft is a broad category that covers all types of stealing from a person, from a purse, from a house, from a car, or from any other source. Robbery is specific in it is taking from the actual person. Talk to a seasoned theft attorney for more information on what robbery looks like.

Defining Robbery

A person who uses physical force or fear to take an alleged victim’s property has committed robbery. If the person uses a gun or other weapon, that is armed robbery.

Robbery includes the following elements:

  • Taking property without the owner’s consent,
  • Intention to steal property at issue,
  • Property taken from the owner, and
  • Force or threat used to take the property.

Laws Governing Robbery

A person could be violating Code of Virginia §18.2-58, they commit a robbery by:

  • Partially strangling another person,
  • Suffocating another person,
  • Hitting or beating another person,
  • Committing violence against another person,
  • Assaulting another person,
  • Making another person fearful of serious physical harm,
  • Threatening another person, or
  • Displaying a deadly weapon to another person.

If a court convicts a person of robbery, that person faces five years to life in prison.

Negotiating Down to Theft

In some cases, a robbery charge can be negotiated down to theft. A Hampton Roads robbery lawyer meets with the prosecutor and they try to see what the evidence is. It is possible sometimes, depending on the facts of the case and depending on the individual charge, that they can get the Commonwealth to agree that a robbery conviction is not appropriate and that even though there may be evidence to support a robbery conviction based on the facts on the case and based on the fact this person has a clean record, a larceny conviction will be more appropriate. It can still be considered a felony, but it comes with lower jail-time.

Potential Penalties

A person would want an attorney that is experienced. Robbery carries up to life in prison. Even the low end of robbery charges can start around two years. The person would want somebody who has experience, that has handled serious charges before, and they want someone who is not going to panic at the sight of a charge that carries a possibility of life in prison.

Robbery Defense

The more robbery cases a Hampton Roads robbery attorney sees and the more cases they handle, especially with robbery charges, the more they are familiar with what has to be proven, what the Commonwealth must show, and what possible defenses there might be. The more experience a lawyer has in these types of charges, the more likely it is that there is something from their past experiences that can come into play and possibly provide the person with a defense or a reduced charge.

Leveraging Experience

When a prosecution for robbery is involved, a Hampton Roads robbery lawyer tries to see what can be proven and the strength of the case. A more experienced attorney will be aware of the weak spots in the case and can make it clear to the prosecution that there is a problem with the case. When an experienced attorney knows where the problem is, they can mitigate the sentence for a person. They would work it out so everybody benefits—either reduce the sentence or agree to another consequence to avoid a trial. For more on how a Hampton Roads robbery lawyer deals with these cases, call an attorney today.