Robbery And Armed Robbery

Defending Armed Robbery And Robbery Cases In Cobb County And In The Atlanta-Metropolitan Area

Armed Robbery

The Offense

Georgia law defines the offense of armed robbery as follows:

A person commits the offense of armed robbery when, with intent to commit theft, he or she takes 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. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.

Sentencing Range

A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than 20 years.

I Have Heard That Armed Robbery Is One Of The Most Serious Crimes In Georgia. Is That True?

Yes. Obviously, crimes like murder and child molestation are more serious in that they cause irreparable harm to the victim, but armed robbery is also a very serious crime in Georgia. The crime of armed robbery is commonly referred to as one of the "seven deadly sins." Among members of the legal community, that phrase simply means that this offense is considered one of the seven listed "serious violent felonies" as defined under Georgia Code 17-10-6.1

Crimes under this law are sentenced much more harshly than others. For example, the entire mandatory minimum ten-year sentence for armed robbery has to be spent in prison. The judge may not give a defendant probation and may not defer or suspend any part of that sentence. In addition, inmates serving a prison sentence for many other crimes are normally eligible for parole after a certain period of time. This is not the case for armed robbery and other serious violent felonies. If a person receives a ten-year sentence, then he will have to serve every single day of that sentence in prison.

Also, a person convicted of armed robbery is not eligible to be sentenced under the Georgia First Offenders Act of Code 42-8-3.

Does A Life Sentence Mean That The Defendant Will Die In Prison If Convicted Of Armed Robbery?

Not necessarily. As stated above, any prison time a defendant receives for armed robbery will have to be spent in prison. If that person receives a life sentence, he will be eligible for parole after he serves 30 years in prison.

Robbery

The Offense

Georgia Code 16-8-40 defines the offense of robbery as when, with intent to commit theft, a person takes property of another from the person or the immediate presence of another:

(1) By use of force;

(2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or

(3) By sudden snatching.

Sentencing Range

A person convicted of the offense of robbery shall be punished by imprisonment for not less than one nor more than 20 years.

Is It Still Robbery If I Am Taking Back Property That Is Mine?

Valid ownership of the property in question may certainly be a defense to a charge of robbery. Georgia courts have held that to justify the taking of property by force or intimidation, the party taking the property must be the owner of the specific property taken or be entitled to its possession, or in good faith believe that he is the owner or entitled to its possession. Moyers v. State, 186 Ga. 446 (1938).

Is It Still Robbery If The Property Was Not Physically On The Person When It Was Taken?

Yes, but it depends on the circumstances. Property does not need to be taken directly from one's person to constitute robbery. Georgia courts have held that the charge of robbery can be upheld if the property is taken while in another person's possession and immediate presence.