Manassas Robbery Charge
May 17, 2017 by Jean Humbrecht
A Manassas robbery (Va. Code §18.2-58) is the taking of property from another person by violence or intimidation with the intent to permanently deprive the owner of his property. A Manassas robbery charge is a very serious offense and is punished with 5 years up to life in prison.
Proof of Manassas Robbery Charge
To convict an offender of a Manassas robbery charge under Va. Code §18.2-58, the Commonwealth must prove:
- a taking
- of personal property
- by violence
- from a person (or his presence)
- with the intent to permanently deprive the owner of his property.
Taking: A taking occurs when an offender acquires control over property and moves it in any way.
Personal Property: The Commonwealth must prove that the offender took personal property to convict an offender of a Manassas robbery charge, and the victim does not need to be the owner of the property.
From Person or his Presence: Robbery in Manassas is committed when property is taken by force from a person or in his presence. If a person does not have actual physical control over property, but is close enough to the property to exert control over it, it is in his presence.
Intent: The Commonwealth must prove that the offender intended to permanently deprive the owner of his property to convict him of a Manassas robbery charge. The intent to permanently deprive must exist at the time of the taking AND at the time of the violence.
Violence: The violence must have occurred prior to or at the same time as the taking to convict an offender of a Manassas robbery charge. This element is met if the Commonwealth can prove either force, threats, violence, or intimidation. Violence includes physical acts of violence, putting a person in fear of serious bodily harm, or presenting or threatening the victim with a firearm or other deadly weapon. Intimidation means putting someone in fear of reasonable apprehension of harm.
Penalty for Manassas Robbery Charge
A Manassas robbery charge 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 offense under Va. Code §18.2-53.1. A first offense is punished with a mandatory minimum of three years in prison. A second offense is punished with a mandatory minimum of 5 years in prison. An offender can be convicted of both robbery and use of a firearm in the commission of a felony in Manassas and the sentences will be consecutive. Click here for more information on a Use of a Firearm in the Commission of a Felony charge in Virginia.
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