Loudoun County Robbery Lawyer
Robbery is generally defined as theft accomplished through the use of violence or the threat of violence. If you are convicted of robbery you may be facing prison time, fines, and possibly restitution. Furthermore, a violent felony on your record could make life infinitely more difficult in the future in many ways including finding employment and housing.
A Loudoun County robbery lawyer may be able to help you get the best possible outcome for your case. Work with a determined theft attorney that could fight for you.
Elements of Robbery
Virginia robbery law doesn’t directly define the elements of robbery, but all states define robbery as having these general elements:
- Taking the property of another
- From his or her person or in their presence
- Through the use of violence or threat of violence
- With the intent to permanently deprive them of the property
While robbery is a theft that occurs through force or threat or force, the amount of force does not need to be extreme. All that is required is enough violence or fear of violence in the victim to cause them to give up their property. Robbery is different from other types of theft, such as shoplifting because robbery must occur in the presence of the victim.
Types of Robbery
All types of robbery are serious crimes, but penalties may vary depending on the type of robbery. Some types of robbery include
- Armed robbery
- Aggravated robbery
Armed robbery is any robbery that involves the use of a weapon. A robbery is considered aggravated robbery is the weapon is a deadly weapon or appears to be a deadly weapon. Carjacking refers to stealing a motor vehicle by force and mugging is a type of robbery that occurs in a public place such as a parking lot or on the street. Robbery may also be done via extortion. Extortion usually involves the threat of doing something illegal unless the property is given to the party committing the robbery.
Potential Penalties for Different Types of Robbery
The severity of penalties is affected by the type of robbery as well as aggravating and mitigating factors. An aggravating factor is one that makes the crime more serious. This may include the use of a weapon or a defendant’s past criminal acts. Mitigating factors may include a lack of criminal history or the return to the alleged victim of stolen property. A Loudoun County robbery lawyer may be able to help you understand the different types of robbery and possible penalties.
People who have been charged with robbery have several defenses available to them. A defendant may either convince the jury that the prosecution has not met their burden of proof or offer an alibi or other evidence that they are innocent. A defendant and their Loudoun County robbery lawyer may also assert an affirmative defense. An affirmative defense involves the defendant admitting to the actions but argues that additional facts remove their culpability.
Possible affirmative defenses include duress, entrapment, and intoxication. Duress is a complete defense to robbery charges. To use a duress defense a defendant must show that someone forced them to commit the robbery through threats of either death or bodily harm.
If a defendant can prove that someone lured them into committing a robbery for the purpose of apprehending and convicting them they may have an entrapment defense. In order for an entrapment defense to be successful, a defendant must prove that the person they robbed instigated the robbery for the sole purpose of bringing charges against the defendant.
In some cases, intoxication may be a defense to robbery if the defendant was unable to form the necessary intent to commit robbery.
Reaching Out to a Loudoun County Robbery Attorney
If you have been charged with robbery you will want to seek guidance from an attorney as soon as possible. Robbery is a serious crime with serious consequences. A Loudoun County robbery lawyer may be able to help you build a strong defense and get the best outcome possible in your case.