The Atlanta Police Department is investigating fifteen different cases over the past year in which there are reports of women robbing men at gunpoint outside of upscale hotels in the Atlanta area. So far three different women have been arrested since yesterday for committing armed robbery.
The most recent case involves an unknown woman meeting a man in the bar at the St. Regis which is an upscale hotel in the Buckhead area. According to reports, she went with him to his room and robbed him of his $25,000 Rolex. No suspects have been arrested in this case yet.
Conviction for Lesser Included Offenses in Georgia
The Georgia Code defines the defense of conviction for lesser included offenses in Georgia in O.C.G.A §16-1-6 by outlining two ways that the defense can be used:
- It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the charged crime; or
- It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.
Proving a lesser-included offense can be a matter of law or as a matter of fact. It is a matter of law if the lesser offense contains the same, but fewer, elements as the greater offense. It can be as a matter of fact if the evidence establishes that some lesser offenses may have been all that was committed.
An example can be taken from the offenses reported in the story above. If charged with armed robbery in Georgia, you are facing a ten year mandatory minimum. If your Atlanta Criminal Defense Attorney can properly utilize this defense, then you can instead be charged with robbery in Georgia. This would avoid the ten year mandatory sentence.
If you or a loved one has been arrested in Georgia, contact our offices today.