Robbery in Virginia
Robbery in Virginia (Va. Code 18.2-58) is a very specific crime and can have very severe penalties, including up to life in prison. This legal guide discusses what the Commonwealth must prove to convict someone of Robbery in Virginia under Va. Code 18.2-58.
TakingThe Commonwealth must prove that an offender committed a taking to prove a Robbery in Virginia. A "taking" means acquiring control over someone else's property and moving it in any way.
Personal PropertyThe property taken must be personal property. The personal property does not need to be taken from the owner of the property; taking the property from anyone in possession of it is enough for a Robbery conviction in Virginia.
From Another Person or His PresenceRobbery in Virginia occurs by taking personal property from another person or his presence. If the other person does not have physical control over the property but is close enough to the property to exercise control over it, it is in his "presence." A business is also considered a person for purposes of a Robbery charge in Virginia.
ViolenceRobbery in Virginia is stealing property by using violence. The violence can include force, threats, intimidation (putting the victim in fear of a reasonable apprehension of harm), other 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. The violence also must occur prior to or at the same time as the taking.
IntentThe offender must have the intent to permanently deprive an owner of his property in order to be convicted of Robbery in Virginia. This intent must be contemporaneous with the taking and violence.
Additional resources provided by the author
- Robbery in Virginia
- Virginia Firearms Charges
- Deadly Weapon in Virginia
- Use of Firearm in Commission of Felony in Virginia
- Robbery vs Car Theft in Virginia
- Definition of Robbery in Virginia
- Robbery vs Breaking and Entering in Virginia
- Robbery vs Carjacking in Virginia
- Robbery vs Burglary in Virginia
- Robbery Penalty in Virginia