Robbery in Fairfax

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

Proof of Robbery in Fairfax

To convict an offender of a robbery in Fairfax 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.

Personal Property: The property taken must be personal property and as long as it is taken by force, the offense constitutes a robbery, even if the victim of the robbery is not the property owner.

From Person or his Presence: Robbery in Fairfax 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, 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 robbery 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.

Penalty for Robbery in Fairfax

Robbery in Fairfax is punished with a minimum of 5 years up to life in prison (Va. Code §18.2-58).  If the offender uses a firearm to commit the robbery, he can also be charged with Use of a Firearm in the Commission of a Felony under Va. Code §18.2-53.1.  This offense is a separate and distinct felony and the sentence will be consecutive to any sentence imposed for the underlying robbery.   This offense is punished with a mandatory minimum sentence of three years in prison for a first offense.  A second offense is punished with a mandatory minimum of 5 years in prison.

Click here for more information on Using a Firearm in the Commission of a Felony under Va. Code §18.2-53.1.

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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