Fairfax Robbery

March 5, 2019 by Jean Humbrecht

A Fairfax robbery (Va. Code §18.2-58) is the taking of property from another person by force or violence with the intent to permanently deprive the owner of his property.  A Fairfax robbery is a very serious charge and is punished with up to life in prison.

Proof of Fairfax Robbery

To convict an offender of a Fairfax robbery under Va. Code §18.2-58, the Commonwealth must prove:

  • a taking
  • of personal property
  • by violence, force, threats or intimidation
  • from a person or his presence
  • with the intent to permanently deprive the owner of his property.
Fairfax robbery

A Fairfax Robbery is Punished with 5 Years up to Life in Prison

Penalty for Fairfax Robbery

A Fairfax robbery is punished with 5 years up to life in prison (Va. Code §18.2-58).  The use of a firearm in the commission of a robbery is a separate felony under Va. Code §18.2-53.1.  It is punished with a mandatory minimum of three years in prison for a first offense and a mandatory minimum of 5 years in prison for a second offense.  An offender can be convicted of both a Fairfax robbery and use of a firearm in the commission of a felony and the sentences will be consecutive.

Virginia Robbery Statute

§ 18.2-58 of the Virginia Code describes the penalties for a robbery.  It states:

“If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.”

 

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