What is a Barrier Crime in Virginia?
In the state of Virginia, a barrier crime is a type of felony offense that carries a significant penalty, including a minimum mandatory sentence of imprisonment. These crimes are considered so serious that they are deemed to be a barrier to re-entry into society, hence the term "barrier crime." In this article, we will explore what constitutes a barrier crime in Virginia, the consequences of being convicted, and the potential defenses that can be raised.
Types of Barrier Crimes in Virginia
Virginia Code § 19.2-305 defines a barrier crime as a felony offense that is punishable by a minimum of 10 years imprisonment, with the exception of those crimes that are punishable by life imprisonment. The following are some examples of barrier crimes in Virginia:
• Murder: A person who commits murder is guilty of a barrier crime and faces a minimum of 20 years imprisonment (Va. Code § 18.2-32).
• Maiming: A person who intentionally causes serious bodily harm to another is guilty of a barrier crime and faces a minimum of 10 years imprisonment (Va. Code § 18.2-51).
• Robbery: A person who commits robbery, which is the taking of property from another person through force or threat of force, is guilty of a barrier crime and faces a minimum of 5 years imprisonment (Va. Code § 18.2-58).
• Abduction: A person who abducts another person with the intent to hold them for ransom, reward, or other unjust enrichment is guilty of a barrier crime and faces a minimum of 10 years imprisonment (Va. Code § 18.2-61).
Consequences of Being Convicted of a Barrier Crime in Virginia
A conviction for a barrier crime in Virginia carries severe consequences, including:
• Mandatory Minimum Sentence: A defendant who is convicted of a barrier crime must serve a minimum of the prescribed number of years in prison.
• Potential Life Imprisonment: A defendant who is convicted of a barrier crime that is punishable by life imprisonment faces the possibility of spending the rest of their life behind bars.
• Fines and Restitution: A defendant who is convicted of a barrier crime may be required to pay significant fines and restitution to victims.
• Loss of Civil Rights: A defendant who is convicted of a barrier crime may lose certain civil rights, such as the right to vote or possess a firearm.
Defenses to Barrier Crimes in Virginia
While the consequences of being convicted of a barrier crime in Virginia are severe, there are certain defenses that can be raised to challenge the prosecution’s case. Some of these defenses include:
• Self-Defense: A defendant who claims that they committed the crime in self-defense may be able to assert this defense and avoid a conviction.
• Duress: A defendant who claims that they were coerced into committing the crime may be able to assert this defense and avoid a conviction.
• Entrapment: A defendant who claims that they were entrapped by law enforcement may be able to assert this defense and avoid a conviction.
• Insanity: A defendant who claims that they were insane at the time of the crime may be able to assert this defense and avoid a conviction.
Table: Consequences of Being Convicted of a Barrier Crime in Virginia
| Crime | Minimum Mandatory Sentence | Potential Penalty | Fines and Restitution | Loss of Civil Rights |
|---|---|---|---|---|
| Murder | 20 years imprisonment | Life imprisonment | Significant | Yes |
| Maiming | 10 years imprisonment | Life imprisonment | Significant | Yes |
| Robbery | 5 years imprisonment | Life imprisonment | Significant | Yes |
| Abduction | 10 years imprisonment | Life imprisonment | Significant | Yes |
Conclusion
In conclusion, a barrier crime in Virginia is a serious offense that carries significant consequences. It is essential for anyone who is facing charges of a barrier crime to consult with an experienced criminal defense attorney who can help them navigate the legal system and raise the most effective defenses. By understanding the consequences of being convicted of a barrier crime and the defenses that can be raised, individuals can make informed decisions about their legal options and work towards achieving the best possible outcome.
