The Severe Consequences of a Robbery Conviction in Fairfax

A robbery conviction in Virginia is a life-altering event, classified as a serious felony with a sentencing range of five years to life imprisonment. The specific penalties are dictated by the circumstances of the offense, but any conviction results in a permanent criminal record, loss of civil liberties, and profound challenges to future employment and housing opportunities.

In the Commonwealth of Virginia, the crime of robbery is codified in the Virginia Code § 18.2-58. This statute defines robbery as the taking, with intent to steal, of the personal property of another, from his person or in his presence, against his will, by violence to his person or by assault or by putting him in fear of serious bodily harm. Unlike simple theft (larceny), the defining characteristic of robbery is the use of force, violence, or intimidation. This element of force is what elevates the crime to a very serious felony.

The law does not distinguish between degrees of robbery as some other states do. Whether a weapon was used or not, the baseline charge is the same severe felony. However, the presence and use of a weapon will drastically impact the case. If a firearm is used, the prosecutor will almost certainly add a charge under Virginia Code § 18.2-53.1, “Use or display of a firearm in committing a felony.” A first conviction under this statute carries a mandatory minimum sentence of three years in prison, which must be served *consecutively* with any sentence for the underlying robbery. A second conviction carries a mandatory minimum of five years, also consecutive.

Breaking Down the Penalties

Let’s be clear about what is at stake:

• Incarceration: The sentencing range for robbery is five years to life in a state penitentiary. A judge or jury has wide discretion within this range, influenced by factors like the defendant’s prior record, the degree of violence used, and any injuries sustained by the victim.
• Felony Record: A conviction means you are a convicted felon for life. This status brings with it a cascade of “collateral consequences” that persist long after any sentence is served.
• Loss of Civil Rights: Convicted felons in Virginia lose the right to vote, the right to serve on a jury, and the right to possess a firearm. While a path to restoring some rights exists, it is a long and arduous process with no guarantee of success.
• Professional and Financial Impact: Finding a job becomes incredibly difficult. Many employers will not hire a convicted felon, especially for a crime of violence like robbery. Obtaining professional licenses (in fields like medicine, law, real estate, or even cosmetology) can become impossible. Securing a loan or finding safe housing can also be a significant challenge.

The aggressive stance of the Office of the Commonwealth’s Attorney for Fairfax County means that these cases are prosecuted vigorously. They have the full resources of the state behind them, and they will use every piece of evidence to secure a conviction. Understanding these severe stakes is the first and most critical step in preparing your defense.

The Legal Process: From Arrest to Trial in Fairfax County

The journey through the Fairfax County justice system for a felony robbery charge is a multi-stage process, typically beginning in the General District Court and culminating in a trial in the Circuit Court. Key players include the Fairfax County Police, the Commonwealth’s Attorney’s Office, and the two primary courts, each with a distinct and critical role in the adjudication of your case.

Navigating the court system can be intimidating for anyone, let alone someone facing a serious felony. Having practiced in these specific courts for many years, I can provide a clear roadmap of what to expect. While every case has unique facts, the procedural path is generally consistent.

Step 1: Arrest and Arraignment

The process begins with an arrest by the Fairfax County Police Department or another law enforcement agency. Following the arrest, you will be brought before a magistrate who will determine if there is probable cause for the charge and will set an initial bond. Shortly thereafter, you will have an arraignment in the Fairfax County General District Court. This is not a trial. It is a brief, formal hearing where you are officially informed of the charges against you and asked if you have hired an attorney or need one appointed.

Step 2: The Preliminary Hearing

The most critical event in the General District Court is the preliminary hearing. Here, the prosecutor from the Office of the Commonwealth’s Attorney for Fairfax County must present evidence to a judge to establish probable cause that a crime was committed and that you are the person who likely committed it. This is a lower standard of proof than “beyond a reasonable doubt,” which is required for a conviction at trial.

The preliminary hearing is a crucial opportunity for a seasoned criminal lawyer. It is the first chance to cross-examine the Commonwealth’s witnesses, including the alleged victim and police officers. This allows us to lock witnesses into their testimony, uncover inconsistencies, and gain valuable insight into the strengths and weaknesses of the prosecution’s case. A successful defense can sometimes lead to charges being dismissed or reduced at this early stage.

Step 3: Grand Jury and Indictment

If the judge finds probable cause at the preliminary hearing, the case is “certified” to the grand jury. The grand jury is a panel of citizens who review the evidence in secret, without the defendant or their attorney present. Their job is simply to decide if there is enough evidence to issue a formal indictment and proceed to trial. Given the one-sided nature of this proceeding, indictment is very common once a case reaches this stage.

Step 4: Trial in the Fairfax County Circuit Court

Once an indictment is issued, the case moves to the Fairfax County Circuit Court, which is the trial court for all felonies in Virginia. Here, a series of pre-trial hearings will occur where your attorney can file motions—for example, a motion to suppress evidence that was illegally obtained or a motion to challenge an unreliable witness identification. This is also the stage where plea negotiations with the prosecutor are most intense.

If the case is not resolved, it will proceed to trial. You have the right to either a jury trial, where a panel of 12 citizens will decide your guilt or innocence, or a bench trial, where the judge alone makes that determination. At trial, the Commonwealth’s Attorney must prove every single element of the robbery charge beyond a reasonable doubt. Your defense attorney will challenge the evidence, cross-examine witnesses, and present your case. If you are convicted, the same judge or jury will then determine your sentence within the statutory range.

The SRIS Robbery Charge Evidence Review Checklist

A strong robbery defense is built upon a meticulous and systematic examination of the prosecution’s evidence. This checklist, developed from years of trial preparation, outlines the critical categories of evidence we analyze to identify weaknesses, inconsistencies, and potential violations of your constitutional rights. It serves as a framework for deconstructing the Commonwealth’s case against you.

When you are accused of a crime, it can feel like the entire case is a single, overwhelming accusation. In reality, the prosecution’s case is a collection of individual pieces of evidence, each of which must be scrutinized, challenged, and tested. Use this checklist as a guide to understand the types of evidence involved and the questions a knowledgeable attorney will ask.

The Evidence Review Framework:

• Initial Police Reports and Officer Notes:
  • ☐ Are there inconsistencies between different officers’ reports?
  • ☐ Does the narrative match the physical evidence collected?
  • ☐ Were your constitutional rights (e.g., Miranda warnings) documented correctly and provided at the appropriate time?
  • ☐ Does the report contain conclusory statements or objective facts?
• Witness and Victim Statements:
  • ☐ Did the witness have a clear and unobstructed view of the event?
  • ☐ How much time passed between the event and the statement to police?
  • ☐ Is the witness’s description of the perpetrator consistent and detailed, or is it vague?
  • ☐ Does the witness have any known bias or motive to be untruthful?
  • ☐ Was the witness identification process (e.g., photo lineup, show-up) conducted in a fair and non-suggestive manner?
• Physical and Forensic Evidence:
  • ☐ Was any physical evidence (e.g., fingerprints, DNA) recovered from the scene or the alleged weapon?
  • ☐ Was the chain of custody for all evidence properly maintained and documented?
  • ☐ Does the forensic evidence conclusively link the defendant to the crime, or is it ambiguous?
  • ☐ Were proper procedures followed during the collection and analysis of the evidence?
• Surveillance and Digital Evidence:
  • ☐ Is there video or audio recording of the incident from security cameras, dash cams, or cell phones?
  • ☐ Is the quality of the footage clear enough for a positive identification?
  • ☐ Does the timestamp on the footage align with the official timeline of events?
  • ☐ Is there cell phone location data or social media evidence that supports or contradicts the defendant’s alibi?
• Defendant’s Statement (if any):
  • ☐ Was the statement made voluntarily?
  • ☐ Were you properly advised of your right to remain silent and your right to an attorney?
  • ☐ Could any part of the statement be misinterpreted or taken out of context?
  • ☐ Does the statement contain admissions, or is it a denial of involvement?

This checklist is the starting point for building a defense. Each “no” or area of ambiguity is a potential thread that, when pulled, can begin to unravel the prosecution’s narrative and create the reasonable doubt necessary for an acquittal.

Strategic Defenses Against Robbery Allegations

Every robbery case is unique, but successful defenses often revolve around challenging one of the core elements of the crime or the evidence used to identify the accused. An effective strategy requires a deep dive into the facts, an understanding of constitutional law, and the ability to present a compelling counter-narrative to the judge or jury.

Building a defense is not about fabricating a story; it’s about holding the Commonwealth to its high burden of proof. The prosecutor must prove every element of the offense beyond a reasonable doubt. Our job is to show where that proof falls short. Based on my experience in Fairfax courtrooms, here are some of the fundamental strategic avenues we explore.

1. Challenging the Identification

Mistaken identity is a leading cause of wrongful convictions. An eyewitness identification can be powerful, but it is also notoriously unreliable. We challenge identifications by asking:

• Suggestive Procedures: Did the police use an improper method to show photos or conduct a lineup? For example, did they subtly suggest which person the witness should pick? If so, the identification can be suppressed.
• Poor Visibility: Did the incident happen at night, in a poorly lit area, or very quickly? Were the witness’s views obstructed?
• Witness Credibility: Does the witness have a reason to lie? Was their memory influenced by talking to others or seeing media reports?

2. Disputing the Element of “Force or Intimidation”

Robbery is larceny plus force. If the prosecution cannot prove that violence or the threat of violence was used to take the property, the charge cannot be robbery. It may be a lesser offense like larceny, but not robbery. We analyze this element by examining:

• The Nature of the Taking: Was the property snatched without the victim realizing it until after the fact? This is more akin to “larceny from the person” than robbery. For robbery, the force must be the reason the property was given up.
• Subjective Fear vs. Objective Threat: The victim may have felt scared, but was there an actual threat or act of violence? The fear must be reasonable under the circumstances. An empty threat or a misunderstanding may not be sufficient to constitute robbery.

3. Lack of Intent to Steal (Animus Furandi)

The prosecution must prove you had the specific intent to permanently deprive the owner of their property. In some cases, this intent is not present.

• Claim of Right: If you took property that you honestly and genuinely believed was yours, you may lack the requisite “intent to steal.” This often arises in disputes over debts or shared property, but it is a complex defense that must be handled carefully.
• Prank or Joke: While a very risky defense, if the act was clearly intended as a joke and there was no genuine intent to steal, this could negate a critical element of the crime.

4. Alibi and Factual Innocence

The strongest defense is proving you were somewhere else when the crime occurred. This requires more than just your word. A strong alibi is supported by credible evidence such as:

• Witnesses: Credible, unbiased witnesses who can testify to your whereabouts.
• Digital Evidence: Time-stamped receipts, GPS data from your phone or vehicle, social media check-ins, or security footage that places you elsewhere.

5. Constitutional Violations and Motions to Suppress

If law enforcement violated your rights during the investigation, we can file a motion to suppress the evidence they obtained. If the motion is granted, the prosecutor cannot use that evidence against you at trial, which can cripple their case. Common violations include:

• Illegal Search and Seizure: If police searched your person, car, or home without a warrant or probable cause.
• Improper Interrogation: If police continued to question you after you asked for a lawyer or failed to read you your Miranda rights before a custodial interrogation.

Common Mistakes to Avoid When Facing a Robbery Charge

In the high-stress period following an accusation or arrest, it is easy to make critical errors that can severely damage your defense. The actions you take—and fail to take—in the first hours and days are pivotal. Avoiding these common pitfalls is essential to preserving your rights and enabling your attorney to build the strongest possible case.

1. Talking to the Police Without an Attorney. This is the single most damaging mistake you can make. Police officers are trained interrogators. They may seem friendly or suggest that “clearing things up” will help you. It will not. Anything you say can and will be used against you. Politely but firmly state: “I am invoking my right to remain silent, and I want a lawyer.” Say nothing else.
2. Consenting to a Search. You are not obligated to consent to a search of your person, vehicle, or home without a warrant. Police may ask for your consent because they do not have the legal grounds (probable cause) to conduct the search otherwise. By consenting, you waive your Fourth Amendment rights and give them permission to look for evidence. Always state, “I do not consent to a search.”
3. Believing an Informal Chat is “Off the Record.” There is no such thing as “off the record” with law enforcement. Every interaction is part of their investigation. A seemingly harmless comment can be twisted and used to establish motive, opportunity, or intent.
4. Posting on Social Media. Prosecutors and investigators actively monitor social media. Photos, posts, comments, or even “likes” can be taken out of context and used as evidence against you. The safest course of action is to completely deactivate all social media accounts for the duration of your case.
5. Contacting the Alleged Victim or Witnesses. Do not, under any circumstances, attempt to contact the alleged victim or any potential witnesses in your case. Even if your intentions are to apologize or explain, this can easily be construed as witness tampering or intimidation—a separate and serious felony offense. Let all communication be handled by your attorney.
6. Waiting to Hire a Knowledgeable Criminal Lawyer. The investigation begins the moment the police are called. The prosecution starts building its case immediately. The longer you wait to hire representation, the more time they have to build an unopposed case and the more potential evidence in your favor can be lost. Securing legal counsel at the earliest possible moment is the most important step you can take.

Glossary of Key Legal Terms

The legal system has its own language. Understanding these key terms will help you better comprehend the proceedings in your case.

Robbery

As defined in Virginia, the taking of property from another person by force, violence, or intimidation. It is a felony.

Larceny

The wrongful taking of another’s property without the element of force or intimidation. Commonly known as theft. The severity (misdemeanor or felony) depends on the value of the property taken.

Commonwealth’s Attorney

The official title for the lead prosecutor in a given Virginia county or city. This is the lawyer who represents the government and brings charges against the defendant.

Preliminary Hearing

A hearing in the General District Court where a judge determines if the prosecution has enough evidence to establish probable cause to proceed with a felony charge.

Indictment

A formal charging document issued by a grand jury that officially accuses a person of a felony and moves the case to the Circuit Court for trial.

Motion to Suppress

A legal request made by a defense attorney to a judge to exclude certain evidence from being used at trial because it was obtained in violation of the defendant’s constitutional rights.

Beyond a Reasonable Doubt

The highest legal standard of proof required to convict a defendant in a criminal case. The prosecution must convince the jury or judge that there is no other logical explanation that can be derived from the facts except that the defendant committed the crime.

Common Scenarios & Questions

Real-world situations are often more complex than simple legal definitions. Here are a few scenarios that reflect common questions and circumstances we encounter.

Scenario 1: The Dispute Over Property

Question: “I went to my ex-roommate’s house to get my TV that he refused to return. We argued, and I eventually just grabbed it and left while he was yelling. Now he’s reported it as a robbery. Can that be right?”

Perspective: This scenario highlights the “claim of right” defense. If you had a genuine and honest belief that the TV was your property, you may lack the specific “intent to steal,” which is a necessary element of robbery. However, the use of force or intimidation during the confrontation is the critical factor. The prosecution will focus on whether your actions put your ex-roommate in fear or constituted violence to take the property. This is a very fact-specific situation where the line between a civil dispute and a felony can be dangerously thin.

Scenario 2: Misidentification from a Vague Description

Question: “The police stopped me because I ‘matched the description’ of a robbery suspect—a man in a blue hoodie. The victim later picked me out of a photo lineup. But it wasn’t me. How can I fight this?”

Perspective: This is a classic mistaken identity case. A vague description like “man in a blue hoodie” applies to countless people. The entire case hinges on the reliability of the victim’s identification. A defense would involve a deep investigation into the identification procedure. Was it suggestive? Did the witness have a good look at the perpetrator? Are there inconsistencies in their description over time? We would file motions to challenge the admissibility of the photo lineup and explore alibi evidence, such as cell phone records or witnesses, that prove you were elsewhere.

Scenario 3: A “Prank” That Went Too Far

Question: “My friends and I used a toy gun to scare another friend and take his wallet as a joke. We gave it right back and were all laughing, but someone saw it and called the police. Now I’m charged with robbery.”

Perspective: This is an extremely dangerous situation. The law does not care if the gun was a toy; what matters is whether a reasonable person in the victim’s position would have believed it was real and felt fear. The “joke” defense is weak because the intent is viewed from the perspective of the victim at that moment. The prosecution will argue that, in that instant, all the elements of a robbery were present: a threat of violence was used to take property from a person. While the quick return of the wallet might help at sentencing, it may not prevent a conviction.

Frequently Asked Questions

What is the difference between robbery and burglary in Virginia?

Robbery is a crime against a person, involving the taking of property through force or fear. Burglary (Virginia Code § 18.2-91) is a crime against property, involving breaking and entering a dwelling with the intent to commit a crime inside (like larceny or assault). Robbery requires a confrontation; burglary does not.

If I didn’t have a real weapon, can I still be convicted of robbery?

Yes. The key element is whether the victim was put in fear of serious bodily harm. If you used a toy gun, a note threatening a weapon, or even just your fists or physical size to intimidate someone into giving up their property, it can legally constitute robbery in Virginia.

What if I didn’t actually take anything of value?

The value of the item taken does not matter for a robbery charge. The crime is defined by the act of using force to take property, not the value of that property. Stealing a single dollar through intimidation is still robbery.

Can the charges be dropped if the victim decides not to press charges?

Not necessarily. In Virginia, the case is “Commonwealth v. [Your Name],” not “Victim v. [Your Name].” The decision to prosecute rests solely with the Office of the Commonwealth’s Attorney. While a victim’s reluctance to cooperate can weaken the prosecutor’s case, it does not automatically lead to a dismissal.

Is there a lesser charge I could face instead of robbery?

Yes. Through negotiation or as a result of a weak case, a robbery charge might be reduced to a lesser offense like assault and battery, grand larceny (if value is over $1,000), or petit larceny. These are still serious charges but typically carry significantly lower penalties than robbery.

How important is a good alibi?

An alibi, if verifiable and credible, is one of the most powerful defenses you can have because it proves factual innocence. However, a weak or unsubstantiated alibi can backfire and make you look untruthful. It must be supported by evidence like receipts, video footage, or reliable witness testimony.

Will my case definitely go to trial?

Not necessarily. Many cases are resolved before trial through plea negotiations between the defense attorney and the prosecutor. A resolution could involve a plea to a reduced charge or an agreement on a specific sentence. However, you should always prepare as if your case is going to trial.

What happens if I’m convicted of robbery as a first offense?

Even for a first offense, robbery is a serious felony with a sentencing range of 5 years to life. While a lack of prior record is a mitigating factor a judge will consider at sentencing, there is no guarantee of a lenient sentence, and active prison time is highly likely.

Should I accept the first plea offer from the prosecutor?

Almost never. The first offer is typically a starting point for negotiations. It is crucial to have a seasoned attorney evaluate the strength of the evidence against you, identify potential defenses, and negotiate from a position of strength before considering any plea agreement.

What does it mean to “invoke the Fifth”?

This refers to your Fifth Amendment right against self-incrimination. It means you have the right to remain silent and not answer questions from law enforcement that could incriminate you. It is a right you should exercise immediately upon any contact with police regarding a criminal investigation.

Can a robbery conviction be expunged from my record in Virginia?

No. In Virginia, you can only expunge a charge if you were acquitted (found not guilty) or if the charge was dismissed. If you are convicted of robbery, it will remain on your criminal record permanently.

How does a criminal lawyer get paid?

Most criminal defense attorneys work on a flat fee basis rather than an hourly rate. This means a single, agreed-upon fee covers all work on the case through a specific stage (e.g., through trial). This provides clarity and predictability for the client.