Robbery is a felony in Virginia at every level. Under Va. Code § 18.2-58, the charge is classified into four tiers based on the level of force involved, with penalties ranging from one year in prison to life. Manuel Leiva defends individuals charged with robbery in the Fairfax County General District Court and the Fairfax Circuit Court.

Named a Top Lawyer in Criminal Defense by Northern Virginia Magazine five consecutive years (2021-2025).

    How Robbery Cases Move Through Fairfax County Courts

    Every robbery charge in Virginia is a felony. That means every robbery case in Fairfax County follows a multi-stage process that crosses two separate courts.

    The case begins with a preliminary hearing in the Fairfax County General District Court. At the preliminary hearing, the Commonwealth must establish probable cause that a robbery occurred and that the accused committed it. If the charge involves a family or household member, the preliminary hearing takes place in the Fairfax County Juvenile & Domestic Relations District Court instead.

    The Leiva Law Firm requests and receives discovery before the preliminary hearing, not after. Manuel Leiva goes into that hearing already knowing what evidence the prosecutor has. He uses the preliminary hearing to cross-examine the Commonwealth’s witnesses under oath, lock in their testimony, and identify inconsistencies that become part of the defense at trial.

    If the judge finds probable cause, the case is certified to the Fairfax County grand jury, which meets the third Monday of every odd-numbered month. If the grand jury returns a true bill, the case proceeds to the Fairfax Circuit Court (19th Judicial Circuit), the largest trial court in Virginia, where it is assigned to one of fifteen full-time judges for trial.

    Manuel Leiva has practiced in Fairfax County courts for over two decades. He has also tried cases in Arlington, Alexandria, Loudoun, Prince William, and Stafford courts and in the Eastern District of Virginia. That familiarity with how local Commonwealth’s Attorneys handle violent felony cases and how local judges run their courtrooms is a practical advantage for clients facing robbery charges in any of these jurisdictions.

    Virginia Robbery Charges and Penalties

    Virginia reformed its robbery statute in 2021, creating four separate tiers under Va. Code § 18.2-58. Before the reform, all robbery convictions carried a single sentencing range of five years to life regardless of the circumstances. The current law differentiates based on the level of force, whether a weapon was involved, and whether the victim suffered serious bodily injury.

    Charge Classification Penalty
    Robbery causing serious bodily injury or death Class 2 Felony 20 years to life in prison and/or a fine of up to $100,000
    Robbery with a firearm Class 3 Felony 5 to 20 years in prison and/or a fine of up to $100,000
    Robbery by physical force (no serious bodily injury) or with a non-firearm weapon Class 5 Felony 1 to 10 years in prison and/or a fine of up to $2,500
    Robbery by threat or intimidation (no weapon) Class 6 Felony 1 to 5 years in prison and/or a fine of up to $2,500
    Carjacking (Va. Code § 18.2-58.1) Unclassified Felony 15 years to life in prison
    Use of a firearm in commission of a felony (Va. Code § 18.2-53.1) Separate Felony Mandatory minimum sentence of 3 years (first offense) or 5 years (second), served consecutively

    “Serious bodily injury” is defined under Va. Code § 18.2-51.4 and includes injuries that create a substantial risk of death, cause permanent disfigurement, or result in long-term impairment of a bodily function.

    The firearm charge under Va. Code § 18.2-53.1 is a separate and distinct offense. A person convicted of both robbery with a firearm and use of a firearm in commission of a felony serves both sentences back to back. The mandatory minimum sentence cannot be suspended by the judge.

    Which tier applies in a given case depends on facts the Commonwealth must prove beyond a reasonable doubt. The classification is not up to the prosecutor’s discretion alone. It hinges on what actually happened, what weapon (if any) was used, and whether the victim suffered serious bodily injury. That factual determination is where defense investigation and trial preparation have their greatest impact.

    What the Commonwealth Must Prove

    To convict a person of robbery under Va. Code § 18.2-58, the prosecutor must prove every element beyond a reasonable doubt:

    A taking of personal property

    The Commonwealth must show that the accused acquired control over someone else's property and moved it.

    From a person or from their presence

    The property must have been taken directly from the victim or from close enough that the victim could have exerted control over it.

    By violence, threat, or intimidation

    This is the element that separates robbery from larceny. The Commonwealth must prove that force or the threat of force was used to accomplish the taking.

    With intent to permanently deprive

    The accused must have intended to keep the property, not merely borrow or move it.

    Each element is a potential point of defense. If the Commonwealth cannot prove force or intimidation, the charge may be larceny rather than robbery. If the property was not taken from a person or their presence, the robbery element fails. If there was no intent to permanently deprive, the charge may not hold.

    Beyond the base elements, the Commonwealth must also prove the specific facts that determine which tier applies: the degree of force used, whether a firearm or other deadly weapon was involved, and whether the victim suffered serious bodily injury. Challenging the evidence supporting a higher tier can mean the difference between a Class 2 felony (20 years to life) and a Class 6 felony (1 to 5 years).

    Why Clients Facing Robbery Charges Choose Manuel Leiva

    Robbery is a violent felony. A conviction at the highest tier carries 20 years to life. The attorney defending the case needs jury trial experience in serious felony matters.

    Manuel Leiva has over 25 years of trial experience, including murder cases and other serious violent felonies. He has tried cases in courts across Fairfax, Arlington, Alexandria, Loudoun, Prince William, and Stafford counties. Prosecutors in these jurisdictions treat cases differently when they know the defense attorney has trial experience and will take the case to trial if the plea offer is inadequate.

    Manuel Leiva handles cases personally. The firm provides all services in both English and Spanish, with a certified interpreter available for Spanish-language support.

    Manuel E. Leiva
    Northern Virginia Magazine Top Lawyer
    Criminal Defense, five consecutive years (2021-2025)
    Best Lawyers in America
    Top Lawyer for Criminal Defense, multiple consecutive years
    Martindale-Hubbell AV Preeminent
    4.9/5.0 peer review score, the highest rating available
    25+ Years of Trial Experience
    Cases tried from traffic offenses to murder across Northern Virginia courts
    Featured on NBC Dateline and Investigation Discovery
    Murder case acquittal featured on national television

    Criminal Defense Case Results

    Murder Case: Acquittal

    Featured on NBC Dateline and Investigation Discovery (HBO Max)

    Former Afghan Minister Haroon Hakimi: Acquittal

    High-profile case with significant national media coverage

    Federal Murder Charge: Dismissed

    RICO murder indictment dismissed before trial in the Eastern District of Virginia

    Felony Drug Distribution: Reduced to Misdemeanor

    Client avoided a mandatory minimum sentence and permanent felony record

    Grand Larceny: Full Dismissal

    Deferred disposition negotiated with community service

    Past results do not guarantee future outcomes. Every case depends on its own facts and circumstances. View the firm's full case results.

    Consultation and Fees for Robbery Cases

    For individuals facing robbery charges, the firm offers a detailed consultation for $300 to $400. During this one-hour meeting, Manuel Leiva reviews the facts of the case, explains the specific robbery tier that applies under Va. Code § 18.2-58, identifies the strengths and weaknesses of the Commonwealth’s evidence, and provides an honest assessment of the realistic range of outcomes.

    If the client retains the firm, representation is provided on a flat fee basis, giving the client cost certainty from the start. The firm accepts online payments through its payment portal.

    What Clients Say

    We hired Mr. Leiva to represent my relative who was charged with 1st Degree Murder along with 3 other co-defendants. My relative shot the fatal shots. All the defendants faced 20 years to life. Our family initially hired another law firm and we paid them several hundred thousand dollars. We were not confident of their trial strategy so we made the difficult decision of changing lawyers after having spent so much money. We hired Mr. Leiva. Immediately, Mr. Leiva and his team came up with a completely different trial strategy, found mistakes made by the prior law firm and conducted a thorough investigation. Additionally, Mr. Leiva and his team filed numerous pre-trial motions which played a significant role in limiting the prosecutions evidence at trial. Mr. Leiva and his team successfully used experts to educate the jury on the trajectory of the bullets fired, and the deceased’s position when he was shot. Trial lasted 4 weeks. Mr. Leiva and his team served as lead counsel. The jury acquitted 3 co-defendants, and my brother-in-law was convicted of manslaughter and received a 7 year sentence. Everyone believed that my relative would be convicted of 1st degree murder, including the prior law firm. Fortunately, Mr. Leiva and his team were able to get the truth out.

    Bilal Bahjat

    My husband was charged with 6 felonies, several carrying potential life sentences. Throughout the litigation, Mr. Leiva was one step ahead of the prosecutors. He collected evidence, interviewed witnesses and filed a slew of motions. One week before trial, my husband had a hearing on several important motions filed by Mr. Leiva that were pivotal to my husband’s case. The day of the hearing, the prosecutor dropped all of the charges against my husband. We are grateful to Mr. Leiva and highly recommend him. My husband’s nightmare was finally over and we have our life back.

    Denia Perla

    We hired Mr. Leiva after our family member was charged with 7 felonies, some carrying a potential life sentence. At the preliminary hearing, the prosecutor offered a plea offer of 10 years in prison. Mr. Leiva advised my family member not to accept the plea offer and to proceed with the preliminary hearing. At the hearing, Mr. Leiva cross-examined the prosecutor’s witnesses and obtained valuable testimony that helped my relative’s case. The case was set for a jury trial and 3 days before the trial, the prosecutor offered my relative a misdemeanor plea offer with no active jail time. We are thankful for Mr. Leiva’s advice, confidence, and work on this matter.

    Melina Lopez

    I cannot express enough gratitude for the outstanding work Manuel Leiva did in defending me in a protective order case that was unjustly filed by my wife. From the very first consultation, Manuel demonstrated exceptional professionalism, deep expertise, and genuine care for my situation. He took the time to thoroughly understand the details of my case, leaving no stone unturned in building a robust defense. Throughout the process, Manuel was a true advocate for my rights. He communicated with clarity and confidence, ensuring I was fully informed and prepared at every stage. His ability to navigate the complexities of the law was evident in the courtroom, where his sharp legal skills and compelling arguments led to a complete dismissal of the case. Thanks to Manuel’s dedication and tireless efforts, I am now able to move forward with my life. He brought not only legal expertise but also compassion and understanding during a very challenging time. I wholeheartedly recommend Manuel Leiva to anyone in need of a highly skilled and trustworthy attorney. He is, without a doubt, the best advocate you could have in your corner.

    Thomas Hawkins

    Mr. Leiva is one of my preferred attorneys; he secured a victory in one of our most complex circuit court cases, a trial lasting six days. I highly recommend him for both criminal and civil matters.

    Khalid Hadi

    Common Questions About Robbery Charges in Fairfax

    Robbery Defense Throughout Northern Virginia

    The Leiva Law Firm defends individuals charged with robbery throughout Northern Virginia, with offices in Fairfax and Reston.

    Manuel Leiva practices in courts across the region, including Reston, Arlington, Alexandria, Loudoun County, Prince William County, and Stafford County. The firm also handles federal robbery-related charges in the Eastern District of Virginia.

    Fairfax Reston Arlington Alexandria Loudoun County Prince William County Stafford County

    The Leiva Law Firm

    3955 Chain Bridge Road, 2nd Floor
    Fairfax, VA 22030

    Hours: Monday through Friday, 8:30 AM to 5:00 PM

    Phone: (703) 352-6400

    Email: info@leiva-law.com

    Languages: English and Spanish

    Talk to a Robbery Defense Lawyer Today

    If you or someone you know has been charged with robbery in Fairfax County, contact The Leiva Law Firm. Manuel Leiva will review the facts of the case, explain the specific tier of robbery that applies, and lay out the defense options.