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.
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 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.
To convict a person of robbery under Va. Code § 18.2-58, the prosecutor must prove every element beyond a reasonable doubt:
The Commonwealth must show that the accused acquired control over someone else's property and moved it.
The property must have been taken directly from the victim or from close enough that the victim could have exerted control over it.
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.
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).
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.
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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.
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.
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
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.
LEIVA LAW FIRM
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+1 (703) 352-6400
+1 (703) 352-6400