Robbery Charge in Fairfax

Robbery in Fairfax (Va. Code §18.2-58) is theft by force or violence.  A robbery charge in Fairfax is a serious offense and is punished with a minimum of 5 years up to life in prison.

Proof of Robbery Charge in Fairfax

A Robbery Charge in Fairfax is Punished with a Minimum of 5 Years in Prison

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

• a taking
• of personal property
• by force or 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 property from any person (not necessarily the owner of the property) to convict an offender of a robbery charge in Fairfax.

From Person or his Presence: A Fairfax robbery is committed when property is taken by force from a person or 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, the property 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 robbery charge in Fairfax. 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.  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 deadly weapon.  Intimidation means putting the victim in fear of reasonable apprehension of harm.

Penalty for Robbery Charge in Fairfax

A robbery charge in Fairfax is punished with a minimum of 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, 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 robbery and use of a firearm in the commission of a felony in Fairfax and the sentences will be consecutive.

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