Hampton Roads Armed Robbery Penalties 

Hampton Roads armed robbery penalties are serious. If a person is convicted of armed robbery, they are likely going to go to prison for a couple of years because of the nature of the charge and the sentence. A person would have a serious felony conviction on their record and it would be considered a violent felony if they are convicted. It would be considered a Category 1 violent crime. It would be very serious and make it very difficult to get future employment, so a person should contact a skilled Hampton armed robbery lawyer as soon as possible.

Proving Armed Robbery

The main thing they have to show is that an individual committed a robbery. They have to show that the person took something that belongs to another person through physical violence. They have to show that the person used some force or threat of force to do the taking. If they are alleging in the indictment that a weapon was used, they have to show that the person had a weapon, which could be a knife, a gun, or a baseball bat, and that weapon was used, threatened, or suggested. The use of a weapon could increase Hampton Roads armed robbery penalties.

Armed Robbery vs. Theft

Theft is taking something that belongs to another person. It can be on that person or it can be on the person’s belongings. With robbery, it not only belongs to another party, but it was on the physical person. With larceny, there is no threat. A person does not have to make any use of threat or use any force for larceny. Using an additional force with theft is defined as robbery.

With robbery, because a person takes something on a person or that a person was holding, it is a more severe charge because it requires more force to take. The fact that a person uses a weapon to accomplish the act increases Hampton Roads theft penalties because the person threatens violence to reach the person’s aim and they are willing to use a weapon that can cause serious harm or death.

Armed Robbery as Felony

Robbery is a felony in Virginia. There is no misdemeanor robbery. If a person is convicted of any type of robbery, it will be considered a felony and that person will have a felony conviction on their record. It is a serious category felony that is considered a Category 1 felony. Any future charges will be a Category 1 felony on that person’s record. A person wants to avoid Hampton Roads armed robbery penalties because they are punished as a felony.

Negotiating Armed Robbery to Theft

If it cannot be proven that the individual used force or threat of force to take the item, the charge may be reduced. It could also be reduced if the strength of the case is not looking good on the Commonwealth’s side, so they may be more willing to enter into a plea deal. Lawyers would take the deal to avoid a likely felony conviction.

A person should hire an attorney as soon as possible. The sooner a lawyer can start working on a person’s case, the better it is for the outcome of the case.