Atlanta, Ga. - Police in Atlanta are searching for a suspect who allegedly robbed an Atlanta Burger King location on Northside Drive on Sunday night.
He allegedly held up the restaurant and then fled on a bicycle. The suspect has been accused of locking the front door of the restaurant and aiming a handgun at the employees inside the building. Employees said that the man left the restaurant with just above $70 in cash before leaving on the bike.
As a Georgia Criminal Defense Lawyer, I will outline the offense of armed robbery in today's post.
Armed Robbery in Georgia
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).
Georgia Courts have had quite a difficult time as to what actually constitutes an offensive weapon. After years of debate, Georgia has established that offensive weapons include not only guns, machetes, swords, knives, but also, any instrumentality that may be found by a jury as likely to produce death or great bodily injury. These instrumentalities may not commonly be considered to be offensive but become offensive depending on the manner and means of their use.
The test for other unconventional weapons is whether the manner in which it was used constituted an offensive weapon. Whether an instrument represents a deadly or offensive weapon is one for the jury's determination. Over the years, a starter pistol, nun chucks, tire tool, screwdriver, pellet gun, and skillet are just some of the things the jury found to be an offensive and/or a deadly weapon.
The offense of armed robbery is considered a seriously 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. Unlike most criminal offenses in Georgia, the ten year mandatory prison sentence cannot be probated.
If you have been accused of a crime in the state of Georgia, call our offices now. We can help you with your case and determine what the best plan of action is for you.