Get a Norfolk Defense Attorney on Your Side!
Robbery is theft by force, intimidation or threat of force. Armed robbery is when this act is carried out with the use of a weapon. In Virginia, robbery is a serious felony offense. Depending on the details surrounding your case, you can be charged with either a first degree or second degree robbery.
Second degree robbery is when someone puts a victim in fear of bodily injury. If you are convicted, you could face five to 18 years in prison. First degree robbery is an armed robbery in which deadly force is used or threatened with the presence of a weapon. If convicted of this charge, you could face 10 years to life in prison.
If you are convicted of robbery for the first time, you will face a mandatory minimum sentence of three years. A second or subsequent robbery conviction comes with a mandatory minimum sentence of five years.
What the Prosecution Must Prove
In order to be convicted of robbery, the state must prove:
- That you possessed the criminal intent to steal
- That you took some type of property
- That you took this property from another person in that person's presence
- That the taking was against the will of the property owner
- That you took property by using violence or the threat of violence
Defenses that Could Be Used in Your Case
If you inflicted serious bodily harm on a victim, you could be charged with aggravated robbery, whether or not you used a weapon. Defenses that could be used on your behalf include innocence, intoxication, entrapment and duress.
We will see if we can use any of the following defenses:
- Affirmative defense - one element of robbery cannot be proven
- Lack of evidence - reliable evidence has not been shown
- True owner defense - you thought you were the true owner of the property
- Property not taken from person or their presence
- Lack of intent to permanently deprive
Work with a Former Police Officer
Regardless of the circumstances surrounding your case, robbery is a serious charge that is prosecuted aggressively in Virginia. Attorney Curcione is the strong advocate you want on your side throughout the days ahead, as he has eight years of experience as a police officer.
He has a comprehensive grasp of criminal offenses, the law and how criminal charges are prosecuted. His past experience could give you the leg up in court, in his own words, "My experience as a police officer aids me in defending my clients because I know what the prosecution and police are/were thinking."
If you need hard-hitting legal representation on your side, look no further! Contact Curcione Law to set up your case evaluation today!
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