In Richmond, Virginia there is no specific penalty for violent crime. The guidelines provided by the Virginia Criminal Sentencing Commission will be used instead. These guidelines may appear black-and-white on paper but they are guidelines and leave many gray areas regarding the sentence that a defendant will receive.
A prosecutor might have all the evidence necessary to prove guilt beyond reasonable doubt in such cases. A thorough defense attorney can reveal the circumstances and, although they don’t absolve the accused of the crime, they present a full-color account of the events surrounding the defendant. Although there is no guarantee that an accused will be acquitted, it is possible to reduce the penalty. It all depends on the violent crime for which the penalty was charged.
Violent Crimes as Seen through the Eyes of Virginia
Each state has a different definition of violent crime. However, the Code of Virginia states that anyone who does any of these acts is guilty of a violence crime.
- Murder
- Manslaughter
- Rape
- Kidnap
- Assault intended to disfigure, kill or disable
- Mayhem
- Burglary
- Robbery
- Larceny
- Breaking and entering
- In some cases, even the threat of harm can be considered a violent crime.
What you should and shouldn’t do if you’re a suspect in a violent crime investigation
The worst thing you can do if you are arrested by the police for committing or participating in any of these crimes is to admit it. You shouldn’t say that you didn’t do it. While the police do not have to read your Miranda rights to you until they take you into custody for that purpose, you can still remain silent. However, Mirandarized is not a requirement. It’s best to remain silent and to seek out the assistance of a Richmond defense lawyer even if it’s just for a consultation. You should not admit guilt. This is a request to be arrested. A good defense attorney can examine the circumstances of the interrogation to determine if your emotions overruled your common sense.
How to Prepare for a Violent Crime.
These are serious crimes and anyone convicted should expect serious consequences. The severity of the victim’s injuries will determine the penalty. Some crimes that are intentionally violent, such as battery and kidnapping, can cause permanent impairment. However, other felonies such as extortion or involuntary murder are tried as class 5 felonies. In cases where the injuries are not substantial, a defense attorney may be in a position to present the case so that it is tried under a class 4 misdemeanor. If the sentence is reduced to probation, this will usually be the best outcome.
The sentences can be more severe in the worst case scenario, where the crime was a felony. A defendant could face a sentence of between 20 and life for a class 2 crime, as well as a $100,000 fine.
How a Violent Crime Defense Attorney Can Help
An experienced, dense lawyer with extensive experience in representing clients accused of violent crime will investigate the possibility of police misconduct or inconsistencies in witness testimony. Then, he will interview anyone with information about the defendant’s mental health and any prior relationships with the victim he is alleged to have hurt. After gathering all the information and details, he will form an argument that could lead to a reduction of charges. These could include self-defense, defense of a third person, antagonistic behavior, escalation on part of the victim and, in some cases, mistaken identification.
This is particularly important in light of the recent study by the National Registry of Exonerations, in which investigators examined the cases of 2,400 individuals who were exonerated after serving lengthy prison sentences.
54 percent of these innocent victims are considered victims because they were themselves victims of misconduct by officials
- 34 percent of these cases were a result of police misconduct
- 30% involved misconduct by a prosecutor
- Some involved both.
It is important for a violent crime attorney to ensure that his thorough investigation uncovers all possible criminalities. This is evident by the fact, that 93 of these wrongly jailed persons who were exonerated in 1989-2021 were not in a race for their lives since they were facing death sentences.
The range of sentencing after the conclusion of violent offense investigations and trials
Every case is different, just as each accused is unique. Sometimes, the case can be reopened after an extensive investigation and consultation with relatives experts. If the accused is found guilty, a lawyer for violent crime may be able to help the accused avoid a life sentence or many years behind bars. If the lawyer finds mitigating factors and the accused has a clean record, he might be able reduce or drop the charges of violent offense. The offense will remain on the accused’s record and be a part of his or her life.
All of these results make it clear that any person accused of or whose relatives have been arrested for a violent crime must be represented by an experienced Richmond defense lawyer.
FYI – Recent Relevant Law Amendments
Virginia’s legislature passed several laws to ban firearms from being used in violent crimes. The first law, which was passed on July 1, 2021, prohibited anyone convicted for assault and battery against a family member or household member from possessing, buying, or carrying a firearm for the next three years.
A new background check law, effective 2022 requires gun dealers that anyone wishing to purchase a firearm obtain written permission. If it reveals any of these, it can prohibit the sale.
The buyer was
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A restriction order is issued after stalking, harassing, or threatening a family member or intimate partner or partner of such.
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Involuntarily admitted into a mental treatment facility
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Acquitted in a trial for insanity
What are the Penalties for Violent Crimes In Richmond, Virginia? was originally published on Attorney at Law Magazine.