Robbery Case Study
Whether the mandatory minimum sentence for robbery was constitutionally applied to a first-time offender.
The court affirmed the mandatory minimum sentence, finding that Virginia's mandatory minimum sentencing scheme for robbery does not violate the Eighth Amendment's prohibition on cruel and unusual punishment. The court held that the legislature has broad discretion in setting mandatory minimum sentences for violent crimes.
Virginia robbery carries a mandatory minimum sentence of 5 years, and armed robbery carries a mandatory minimum of 15 years. These mandatory minimums cannot be reduced by the judge regardless of mitigating circumstances. D.J. Rivera focuses on preventing conviction through aggressive trial defense, and on negotiating plea agreements that avoid the mandatory minimum where the evidence is strong.
This case involves § 18.2-58 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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