Burglary is defined as the illegal entry of a building with the intent to attempt robbery or similar crimes. Burglary is generally recognized as a felony under Virginia law and the felony class varies depending on the robbery case, such as whether or not the offender possessed a weapon such as a firearm at the time of the robbery. Virginia law groups all crimes similar to a robbery crime in terms of seriousness and conditioning together with robbery and names the group statutory robbery. Crimes similar to a robbery crime in terms of seriousness and conditioning include crimes such as assault, murder, etc.
The punishment for robbery charges in the state of Virginia depends on whether certain conditions were present at the time of the crime. In general, theft is recognized as a class three felony punishable by a term of imprisonment of five to 20 years and a fine that can reach but not exceed $100,000. Sometimes the court does not charge a fee and only charges the term of imprisonment which ranges from five to 20 years.
This robbery case is when the offender did not possess a deadly weapon, such as a firearm. The other case of punishment is when the theft is recognized as a class two felony. This case occurs when the offender possessed a deadly weapon such as a firearm during the robbery. The punishment for such a crime is a term in prison starting from the age of 20 and can reach life to life and a fine that can reach but not exceed $100,000. As in the case where the robbery is a class three felony, a robbery classified as a class two felony may not face a fine, as the court may choose to punish the offender by imprisonment only.
An attorney who chooses to defend a criminal accused of theft may use the following to minimize the punishment against the criminal as low as possible:
- The offender was intoxicated; Y
- The offender had no intention of committing theft.
The reason for possessing a weapon when a criminal attempts to steal increases the punishment is due to the fact that possessing theft tools is also a felony. Virginia law states that possessing a tool with the intent to attempt a robbery using the tool is a felony classified as a class five felony. The punishment for such a crime is imprisonment for a term that can last up to ten years, but not more.
Theft tools that can be used in such crimes include:
- hammers and
Virginia law states that for a felon to be convicted of theft, the following must be proven:
- The offender entered a building;
- The offender entered the building at night; Y
- The offender intends to commit a robbery.
Theft charges in the state of Virginia depend on the conditions available when the crime was committed. For a crime to be described and punished as robbery, the crime must have occurred at night and the offender intended to commit robbery. A robbery without a weapon is punishable as a class three felony, while if the offender possesses a deadly weapon, the offense is punishable as a class two felony.
If you need a Virginia theft attorney to help you with your Virginia theft case, call us at 888-437-7747. Our Virginia attorneys can help. C