Authorities in Johns Creek are still searching for a suspect who entered a Smoothie King on McGinnis Ferry Road this past week wearing a mask and brandishing a gun.
Two female employees emptied the cash register and handed the suspect the money. The employees of the shop immediately called 911 after the incident. But after he received the money, he fled the scene.
As a Georgia Criminal Defense Lawyer, I handle cases concerning property crimes quite frequently. Property crimes happen a lot in the state of Georgia. In today's post, I will outline the offense of armed robbery so as to provide a clearer view of the law.
Armed Robbery in Georgia
Georgia Law defines armed robbery in Georgia in O.C.G.A. §16-8-41 of the Georgia Code. The law is as follows:
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 classified as a serious violent felony in Georgia. 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.
Serious Violent Felony Offenders in Georgia have the serious criminal records. This can make it nearly impossible to find employment, excel in education, or even find a place to live.
If you or a loved one has been arrested, contact our offices now.