Two Amazon delivery drivers were held up at gunpoint and robbed this past week in SE Atlanta. According to the delivery drivers, four men pulled up next to their vans as they were making deliveries and pulled out handguns. The four suspects stole what has been estimated as up to sixty packages from the vans and then proceeded to flee the scene.
As a Georgia Criminal Defense Lawyer, I will outline the law behind armed robbery in today's post.
Armed Robbery in Georgia
Armed robbery in Georgia is defined by Georgia Law in O.C.G.A. §16-8-41 as:
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 have the appearance of such weapon.
Georgia Law also outlines what is considered an offensive weapon. Courts have gone back and forth through the years as to what constitutes an offensive weapon as well as if replica or toys can be considered offensive weapons. It has finally been established that an offensive weapon includes not only weapons which are offensive per se, but also embraces other instrumentalities not normally considered to be offensive in and of themselves but which may be found by a jury likely to produce death or great bodily injury depending on the manner and means of their used.
Armed robbery is classified as a felony in Georgia. The penalties for an armed robbery conviction are severe. A conviction of Armed Robbery carries a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release. Prison terms for life are another common penalty for Armed Robbery. The most severe penalty in Georgia for Armed Robbery is the death penalty.
Not everyone who is accused of committing a crime is guilty of committing a criminal offense. Call our offices today to see how we can help.