Three Felony Charges Dismissed: Breaking and Entering, Attempted Robbery, and Use of Firearm While Committing a Felony
- Breaking and Entering, Code of Virginia section § 18.2-90: “Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.
If any person in the nighttime enters without breaking or in the daytime breaks and enters…in a dwelling house…or in the nighttime enters without breaking or at any time breaks and enters…in any building permanently affixed to realty…with intent to commit murder, rape, robbery or arson…he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.”
- Attempted Robbery, Code of Virginia section § 18.2-58. How punished: 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.”
- Use of Firearm in Committing a Felony, Code of Virginia section § 18.2-53.1.
“It shall be unlawful for any person to use or attempt to use any pistol, shotgun, rifle, or other firearm or display such weapon in a threatening manner while committing or attempting to commit ..robbery, carjacking, burglary…Violation of this section shall constitute a separate and distinct felony and any person found guilty thereof shall be sentenced to a mandatory minimum term of imprisonment of three years for a first conviction…Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.”
Together, these three charges carried possible life in prison. The combined mandatory minimum sentence was 28 years. My client was very fortunate to have his charges dropped in that he could have spent the remainder of his life behind bars.
Felony charges are very serious. As you can see above, they typically carry a great deal of jail time. For example, the least serious Felony one can be charged with i.e. Class 6 Felonies carry a minimum of one year in jail. On the bright side, however, judges have the power to suspend jail time. There is also the possibility of parole.
If you have been charged with a Felony in Virginia, contact me as soon as possible to discuss your charge(s).