Robbery in Georgia Laws
The Official Code of Georgia defines armed robbery as when a “person . . . with intent to commit theft, . . . takes the property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.” See O.C.G.A.16-8-41. A classic example of armed robbery is when a person steals money from another person by pointing a gun at that person. But many other scenarios fit the legal definition of armed robbery. For example, when police charge someone as a party to a crime, even people who were not present at the scene of the crime or who did not hold a weapon can be charged with armed robbery. A person convicted of armed robbery in Georgia may face stiff sentencing and punishment provisions, including a potential life sentence. These stiff penalties also apply to those charged as parties to the crime.
Therefore, it is vital to seek legal help from a skilled criminal defense attorney if a defendant commits armed robbery. An experienced attorney can provide resources and a solid defense to reduce your sentence or get your case dismissed.
Whether you are being investigated or have already been arrested for the offense of armed robbery, an experienced lawyer has the knowledge and experience needed to help ensure that you get the best possible outcome for your case.
What Is the Penalty for Armed Robbery in Georgia?
Armed robbery under Georgia law is considered a serious violent felony crime. It carries a minimum of 10 years and a maximum of life imprisonment. The statute technically authorizes the death penalty for armed robbery, but the U.S. Supreme Court has outlawed the death penalty for non-homicide crimes in Kennedy v. Louisiana.
Because of an increase in violent crimes in Georgia, prosecutors are aggressive when prosecuting robbery defendants. The penalties become severe if the incident involves causing an intentionally inflicts bodily injury. As a result, armed robbery convictions are often punished harshly by judges. A prior criminal record can also significantly increase your punishment if convicted.
Importantly, armed robbery is considered a serious violent felony under O.C.G.A. § 17-10-6.1(c)(4) with stiff felony penalties, which means that whatever sentence a judge imposes will not be eligible for parole. A second conviction for armed robbery carries a mandatory prison sentence of life without parole. See O.C.G.A. § 17-10-7.
If a person unlawfully takes your precious property while causing a bodily injury, such person convicted of the crime will undergo a criminal investigation.
To ensure the best possible outcome, you’ll need a criminal defense attorney to assess your case and provide you with the legal guidance and representation you need. They will review the evidence against you, negotiate with prosecutors on your behalf, and fight for a fair sentence. Give Adam Levin Law a call today to assist you with your case.
Beating Armed Robbery Charges in Georgia: Possible Defenses
No one strategy can guarantee a successful outcome when fighting armed robbery charges in Georgia. However, common defenses to armed robbery charges include the below examples:
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Nothing was taken: Using a weapon to scare someone but not taking anything from them is not considered robbery. However, you may still be liable for assault or battery.
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No intent to commit robbery: To commit armed robbery, the accused must take the property with the intent to commit theft. As a result, your actions may not qualify as armed robbery if you were in the process of defending your own property.
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Self-defense: Your Georgia Robbery Attorney may also argue that you acted in self-defense. For instance, the only time you used a weapon was when you felt threatened.
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Innocence: An innocent claim will have a chance of success if you have an alibi or witness testimony that you did not commit the crime.
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Lack of a weapon: The crime of robbery must have involved using a weapon or the appearance of one during the incident. Providing evidence that this claim is false would be of great benefit. Because armed robbery has a much heavier penalty than plain robbery, this defense might help you reduce your charges.
If you are being charged with an armed robbery case, it is best to consult with an attorney. A knowledgeable attorney will help you understand the code section notwithstanding the case, the felony sentence, the preceding provisions of your case, and how to deal with the situation.
Hiring an Armed Robbery Attorney in Georgia
Armed robbery is a serious offense with harsh consequences, including lengthy prison sentences and hefty fines, not to mention a permanent criminal record. It is among the most serious non-homicide crimes in Georgia. If facing these charges, you need someone who is battle tested and will not wilt under the pressure of such serious charges.
In order to maximize your chance of a successful outcome, seeking legal assistance as soon as possible following an armed robbery is essential. You can achieve the best possible outcome in your case by working with a skilled criminal defense lawyer whose practice areas include armed robbery defense.
Call an Armed Robbery Lawyer in Georgia
At Adam Levin Law, LLC, our Athens criminal defence team has been defending against the most serious allegations for more than 15 years. Having handled such cases for years, we are committed to providing our clients with the resources they need to achieve a successful outcome. We are here to assist you if you need help navigating the court system or someone to represent you. Give us a call today.