According to reports out of Buckhead, four masked suspects entered a local restaurant early this morning.
One of the suspects pistol-whipped the restaurant manager and stole over $3000. So far two of tithe four have been arrested - however police are still attempting o located the others.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of armed robbery.
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.
Call us today if you or a loved one has been arrested.