Robbery Charge in Virginia

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

Proof of Robbery Charge in Virginia

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

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

Taking: For purposes of a robbery charge in Virginia, 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 in order to convict an offender of a robbery charge in Virginia.  The victim does not need to be the owner of the property as long as he was in possession of the property when the offender used force or violence to take the property.

From Person or his Presence: A robbery in Virginia is committed when property is taken by force from a person or in his presence.  If a person is close enough to the property to exert control over it, the property is in his presence.  A business is considered a person for purposes of a robbery charge in Virginia.

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 Virginia. The intent to permanently deprive must exist at the time of the taking AND at the time of the violence.

Violence: To convict an offender of a robbery charge in Virginia, the Commonwealth must prove that the violence 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 another deadly weapon.  Intimidation means putting the victim in fear of reasonable apprehension of harm.

Penalty for Robbery Charge in Virginia

A robbery charge in Virginia is punished with a minimum of 5 years up to life in prison (Va. Code §18.2-58).  If the offender used a firearm in the commission of a robbery, he can be charged with a separate offense under Va. Code §18.2-53.1.  A first offense of using a firearm in the commission of a felony is punished with a 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 a robbery charge in Virginia and use of a firearm in the commission of a felony in Virginia and the sentences will be consecutive.

Click here for more information on use of a firearm in the commission of a felony in Virginia.

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