Brent Creagh has been sentenced to sixteen years after being convicted of aggravated assault, armed robbery, and possession of a firearm during the commission of a felony.
Creagh was found guilty of robbing a motel of $900 back in 2014 in Cobb County.
As a Georgia Criminal Defense Attorney, I'd like to analyze the reported facts of Creagh's case with the Georgia Code.
The Georgia Code defines armed robbery in Georgia as:
“When a person 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.” O.C.G.A. §16-8-41.
According to the jury, Creagh manifested the intent to commit theft when he walked into the Rite-4-Us motel off of South Cobb Drive. The video surveillance also shows that Craig pointed a handgun, an offensive weapon, at the clerk and demanded cash.
The offense of armed robbery is considered a serious violent felony. A conviction can include the penalty of a minimum of ten years in prison to life in prison or even the death penalty.
Armed robbery is different from other crimes because the ten years cannot be through probation - it is mandatory imprisonment for ten years if convicted.
In order to understand aggravated assault, let's first look to the Georgia Code's definition of assault in Georgia:
“When a person attempts to commit a violent injury to the person of another or commits an act which places another in reasonable apprehension of immediately receiving a violent injury.” O.C.G.A. §16-5-20.
The Georgia Code states that the offense is heightened to aggravated assault in Georgia:
“When a person assaults with intent to murder, to rape, or to rob; with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.” O.C.G.A. § 16-5-21.
Creagh not only pointed his gun at the motel clerk, but the surveillance also shows Creagh jumping over the counter and grabbing the clerk by the throat. The video shows the two struggling for quite some time, a situation that the Cobb District Attorney described as a “horror scene.”
The offense of aggravated assault is considered a felony. A conviction can include the penalty of a prison sentence of one to twenty years.
Creagh received a sixteen year sentence for a robbery under $1,000. According to reports, during the investigation, police realized that Creagh had left his wallet and identification on the counter after the robbery.
Something your Georgia Criminal Defense Attorney will look into is utilizing the strategy of negotiating an armed robbery charge down to the lesser offense of robbery in Georgia. This enables the accused person to avoid the mandatory ten years in prison that cannot deserved through probation. We use this negotiation tactic with young people more often that not.
If you or a loved one has been charged with a crime, contact a Georgia Criminal Justice Lawyer today. We can evaluate your case and determine your best options or most applicable Georgia Criminal Defenses.