Georgia Armed Robber Has Gun Snatched by Victim

According to reports out of Gwinnett County, a man has been arrested for a string of armed robberies.

The arrest happened after a failed attempt at armed robbery of a gas station off of Satellite Boulevard. The suspect allegedly entered the gas station with a gun. The clerk snatched his gun from underneath the partition and refused to give it back to him. The suspect then pleaded with the clerk to give it back but was unsuccessful. Police showed up to the scene and linked the suspect to five other local robberies.

Although, the man in the story above was unsuccessful in his alleged and attempted armed robbery, as a Georgia Criminal Defense Lawyer, I will outline the offense as it is defined by law.

Robbery in Georgia

Robbery in Georgia is defined by the Georgia Code in O.C.G.A § 16-8-40 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.

There are three ways as to how Robbery can occur, through (1) use of force; (2) intimidation, threat, or placing the other person in fear of immediate serious bodily injury to himself or another; or (3) by sudden snatching.

Robbery is classified as a felony offense. A robbery conviction may include a prison term up to twenty years, a fine of at least $1,000 or probation.

While robbery is primarily taking the property of another - armed robbery means that an individual used a weapon during the taking. Robbery by intimidation is a lesser-included offense of the crime of armed robbery.

Armed Robbery in Georgia

Armed Robbery in Georgia is defined by the Georgia Code 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.

By law, offensive weapons include not only weapons which are obviously offensive, but also includes other instrumentalities not normally considered to be offensive in and of themselves but which may be likely to produce death or great bodily injury depending on the manner and means of their use.

Armed robbery is also classified as a felony - however it is considered a serious violent felony. An armed robbery conviction carries a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release.

Practice Note

If you or a loved one has been arrested, call our offices now.