A group of men in a pick-up truck allegedly planned a rear-end accident with another truck in Cobb County last week. After they rear-ended the other driver, they pointed a gun at him and stole two motorcycles out of the bed of his truck.
Authorities believe that it was a ploy to commit the fender bender and subsequently rob the driver. This is after investigating the evidence of the accident which suggests that nothing accidental occurred.
In light of this news story, I would like to spend today's post highlighting the difference between robbery and armed robbery in Georgia.
The group of men allegedly stole the bikes utilizing a gun which defines the biggest difference between robbery and armed robbery. But as a Georgia Criminal Defense Lawyer, I'd like to point out the differences in the law.
Robbery in Georgia
Georgia Law defines robbery in Georgia as:
A person commits robbery when they take property from another person or the immediate presence of another person with the intent to commit theft. O.C.G.A. §16-8-40.
According to the law, a person can commit robbery in three different ways:
- Use of force;
- Intimidation, threat, or placing the other person in fear of immediate serious bodily injury to himself or another; or
- By sudden snatching
If convicted of robbery, a person is guilty of a felony in Georgia. This conviction includes a penalty of one to twenty years in prison.
Armed Robbery in Georgia
Georgia Law defines armed robbery in Georgia as:
A person commits 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. O.C.G.A. §16-8-41.
According to the law, an offensive weapon can include but is not limited to the following:
- Tire Iron
- Pellet Gun
The list goes on because the decision is up to the jury on whether or not the instrument used constitutes an offensive or deadly weapon. These instrumentalities may not commonly be considered to be offensive but become offensive depending on the manner and means of their use.
If convicted of armed robbery, a person is guilty of a violent felony. This conviction includes 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 or a loved one has been charged with robbery or armed robbery in Georgia, contact a Georgia Criminal Defense Attorney today. Our lawyers will take the time to analyze your case and see what Georgia Criminal Defenses may apply. A common defense tactic for a defense attorney representing someone charged with armed robbery is to convict the prosecutor to reduce the charge to robbery. This removes the mandatory ten years in prison. Again - contact us today. Let us protect your freedom.