Atlanta Restaurant Robbed at Gunpoint

According to reports out of Atlanta, the Candler Park Fellini's location was victim to an incident of armed robbery this past week.

Fellini's employees are now asking for additional security after they were held at gunpoint. The suspects remain unidentified as of right now, and no arrests have been made in the case.

As a Georgia Criminal Defense Lawyer, I will jump into 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.

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. After years of debating, it has 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 use.

Armed robbery is also a felony. An armed robbery conviction can include a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release - even a life sentence.

Practice Note

Again, an armed robbery conviction includes at the very minimum a ten year prison sentence. The reality is that not every armed robbery case constitutes the legal elements of armed robbery. There are instances where the circumstances of the case are more aligned with the criminal offense of robbery in Georgia where the statutory minimum is much lower.

If you or a loved one has been arrested for armed robbery, contact a Georgia Criminal Defense Attorney now.