Robbery in Virginia: § 18.2-58 Degrees, Penalties & Outcomes

According to 2,057 public court records from 2025, Robbery cases across 20 Virginia jurisdictions have an average dismissal rate of 62.7% and an average conviction rate of 36.2%.

Robbery is a felony at every level in Virginia — there is no misdemeanor version. Since the 2021 amendment to § 18.2-58 (2021 Sp. Sess. I, c. 534), Virginia grades robbery into four degrees, scaling the felony class to what actually happened: a robbery accomplished by threat or intimidation alone is a Class 6 felony, while a robbery that causes serious bodily injury or death is a Class 2 felony carrying 20 years to life. That restructure matters — much of what is written online about "5 years to life" for all Virginia robbery describes the pre-2021 statute. This page explains the current degree structure, the statutory penalty ranges, the related carjacking and firearm statutes, and where to find how robbery cases actually resolved in Virginia courts in 2025.

The Four Degrees of Robbery Under § 18.2-58

Section 18.2-58 does not define robbery itself — Virginia courts apply the traditional definition of taking property from a person, or in their presence, against their will, by force, threat, or intimidation. What the statute does is set the penalty by degree, based on the conduct alleged:

Robbery Causing Serious Bodily Injury or Death — Class 2 Felony

A person who commits robbery and causes serious bodily injury to or the death of any other person is guilty of a Class 2 felony — punishable by imprisonment for 20 years to life and a fine of up to $100,000. "Serious bodily injury" carries the definition in § 18.2-51.4: bodily injury involving substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Robbery with a Firearm — Class 3 Felony

A person who commits robbery by using or displaying a firearm in a threatening manner is guilty of a Class 3 felony — punishable by 5 to 20 years in prison and a fine of up to $100,000. A firearm allegation also exposes the defendant to a separate charge under § 18.2-53.1, discussed below, which stacks on top of the robbery sentence.

Robbery by Physical Force or a Non-Firearm Deadly Weapon — Class 5 Felony

A person who commits robbery by using physical force not resulting in serious bodily injury, or by using or displaying a deadly weapon other than a firearm in a threatening manner, is guilty of a Class 5 felony. Under § 18.2-10, a Class 5 felony is punishable by 1 to 10 years in prison — or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for up to 12 months and a fine of up to $2,500, either or both.

Robbery by Threat or Intimidation — Class 6 Felony

A person who commits robbery by threat or intimidation, or any other means not involving a deadly weapon, is guilty of a Class 6 felony — the lowest degree. A Class 6 felony is punishable by 1 to 5 years in prison, or, at the same jury-or-court discretion, up to 12 months in jail and a fine of up to $2,500. Even at this lowest degree, the conviction remains a felony.

Carjacking (§ 18.2-58.1)

Carjacking is charged under its own statute and was not folded into the 2021 degree structure. Under § 18.2-58.1, carjacking is the intentional seizure or seizure of control of another person's motor vehicle — with intent to permanently or temporarily deprive the person of possession or control — by means including violence to the person, assault, putting the person in fear of serious bodily harm, or the threat or presenting of a firearm or other deadly weapon. It is a felony punishable by imprisonment for life or a term of not less than 15 years. The statute expressly does not preclude prosecution under any other applicable criminal provision arising from the same conduct.

The Separate Firearm Charge (§ 18.2-53.1)

When a firearm is alleged, robbery and carjacking cases frequently carry a second count under § 18.2-53.1 — use or display of a firearm while committing or attempting to commit one of the statute's enumerated felonies, which include robbery and carjacking. A first violation carries a mandatory minimum term of 3 years; a second or subsequent violation carries a mandatory minimum of 5 years. The sentence must run consecutively with the punishment for the underlying felony — it stacks, it does not run at the same time.

Court Outcomes for Robbery in Virginia (2025)

In 2025, 2,022 robbery cases were filed across the 20 Virginia jurisdictions with reportable volume. Of the 977 cases that reached a final disposition during the year, the public court record shows:

64.9% ended in dismissal — includes judicial dismissals and nolle prosequi (prosecutor declining to pursue).
34.4% ended in conviction — includes guilty pleas and findings of guilt.
These are rates among resolved cases only — felony cases still pending or certified onward at year-end are not in the denominator.

Robbery charges resolve in a range of ways in the public record: dismissal, nolle prosequi, a plea to the original charge, a plea to an amended charge, or a trial verdict. Because robbery is a felony that runs through both court levels, outcome patterns differ from the misdemeanor docket — and they vary materially by jurisdiction.

For current jurisdiction-by-jurisdiction data — dismissal rates, conviction rates, charge-amendment rates, and median case durations from 2025 Virginia public court records — see the robbery jurisdictional outcomes page or the § 18.2-58 statute-anchored data page.

What Happens After a Robbery Charge

Because robbery is a felony, the case typically begins in General District Court with a bond determination and a preliminary hearing. At the preliminary hearing, the court decides whether there is probable cause; if so, the charge is certified to Circuit Court for grand jury consideration and, if an indictment follows, trial. Felony cases certified to Circuit Court run materially longer than misdemeanor cases — the docket moves in months, not weeks.

Along the way, the public record commonly shows continuances (often for evidence review), amendments (where the prosecution agrees to a different charge that better fits the evidence — under the degree structure, the specific facts about force, weapons, and injury bear directly on which degree applies), and dismissals or nolle prosequi where the evidence or witness cooperation does not support proceeding.

Related Data

About this page. Outcome data is from public court records (Virginia Online Case Information System) for calendar year 2025. Statute classifications and penalty ranges are from the Code of Virginia. This page is informational, not legal advice. Past outcomes do not predict future results. For current statutory text, consult law.lis.virginia.gov; for guidance on a specific case, consult a licensed Virginia attorney.

Frequently Asked Questions

Yes. Every degree of robbery under § 18.2-58 is a felony. The classification ranges from a Class 6 felony (robbery by threat or intimidation not involving a deadly weapon) up to a Class 2 felony (robbery causing serious bodily injury or death). Carjacking under § 18.2-58.1 is a separate felony punishable by 15 years to life.

Since the 2021 amendment to § 18.2-58, Virginia grades robbery into four tiers: (1) robbery causing serious bodily injury or death — Class 2 felony; (2) robbery using or displaying a firearm in a threatening manner — Class 3 felony; (3) robbery using physical force not resulting in serious bodily injury, or using or displaying a deadly weapon other than a firearm in a threatening manner — Class 5 felony; (4) robbery by threat or intimidation or any other means not involving a deadly weapon — Class 6 felony.

It depends on the degree. Under § 18.2-10: a Class 2 felony carries 20 years to life; a Class 3 felony carries 5 to 20 years; a Class 5 felony carries 1 to 10 years or, at the discretion of the jury or court, up to 12 months in jail and a fine of up to $2,500; a Class 6 felony carries 1 to 5 years or, at the same discretion, up to 12 months in jail and a fine of up to $2,500. Class 2 and Class 3 felonies also carry fines of up to $100,000.

Before 2021, § 18.2-58 treated all robbery as a single offense. The 2021 Special Session I amendment (c. 534) replaced that with a four-degree structure that scales the felony class to the conduct — whether serious bodily injury or death resulted, whether a firearm or other deadly weapon was used or displayed, whether physical force was used, or whether the taking was accomplished by threat or intimidation alone.

Section 18.2-58 adopts the definition in § 18.2-51.4: bodily injury that involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. That definition is what separates a Class 2 robbery from the lower degrees when injury is alleged.

Robbery using or displaying a firearm in a threatening manner is a Class 3 felony under § 18.2-58 — 5 to 20 years in prison and a fine of up to $100,000. In addition, § 18.2-53.1 makes using or displaying a firearm while committing robbery a separate offense carrying a mandatory minimum of 3 years (5 years for a subsequent violation), which must run consecutively with the sentence for the robbery itself.

Carjacking under § 18.2-58.1 is the intentional seizure or seizure of control of another person's motor vehicle, with intent to permanently or temporarily deprive the person of possession or control, by means including violence, assault, putting the person in fear of serious bodily harm, or the threat or presenting of a firearm or other deadly weapon. It is a felony punishable by imprisonment for life or a term of not less than 15 years.

Both involve taking property, but robbery is a taking from a person or in their presence accomplished by force, threat, or intimidation — which is why every degree of robbery is a felony. Larceny turns primarily on the value of what was taken and does not require force against a person. A theft with no force or threat element is charged under the larceny statutes, not § 18.2-58.

No. All four degrees of robbery under § 18.2-58 are felonies. For the two lowest degrees — Class 5 and Class 6 — § 18.2-10 does give the jury, or the court trying the case without a jury, discretion to impose confinement in jail for up to 12 months and a fine of up to $2,500 instead of a prison term, but the conviction remains a felony.

Robbery is a felony, so cases typically begin in General District Court for a preliminary hearing and are certified to Circuit Court for grand jury consideration and trial. In 2025, 2,022 robbery cases were filed across the 20 Virginia jurisdictions with reportable volume; of the 977 that reached a final disposition during the year, 64.9% ended in dismissal or nolle prosequi and 34.4% in conviction. Resolutions in the public record include dismissals, nolle prosequi, pleas to the original charge, pleas to amended charges, and trial verdicts. For current rates by jurisdiction from 2025 records, see the robbery jurisdictional outcomes page.

Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person): § 18.2-58 (robbery and its four penalty degrees), § 18.2-58.1 (carjacking), and § 18.2-53.1 (use or display of a firearm in committing robbery or carjacking, among other enumerated felonies). Read the current text at law.lis.virginia.gov.

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