Kennesaw, Ga. – A couple is facing felony charges after they allegedly tricked a man and robbed him at gunpoint.
According to reports, two 19-year-olds met the victim on social media. The female suspect agreed to meet the man for sex in exchange for money. They ended up meeting in the man's car. She then had her boyfriend approach the vehicle and pull the man out. He then pointed a gun at the man and demanded his money. He then beat the man with the gun over the head.
Both have been booked into the Cobb County Adult Detention Center.
Lesser Included Offenses in Georgia
There are many different criminal defenses that can apply to a criminal case in the state of Georgia. Most people are under the incorrect assumption that just because a person has been arrested or accused of a crime that he or she must be guilty.
However, this is not true. There are a number of defenses that can apply to any given case. In the story above, the couple is facing charges of armed robbery. One of the most applicable defenses used in an armed robbery case is the defense of lesser included offenses in Georgia. This defense is outline in O.C.G.A §16-1-6.
The statute covers 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.
Call our offices today if you or a loved one has been arrested for a crime in the state of Georgia. Our lawyers can help you with your case today.