Warner Robins officers are still on the lookout for three suspects. These three men have been accused of robbing a 61-year-old man at gunpoint inside of his home.
According to reports, the man had just gotten home with his daily deposit. As he walked inside he discovered the three men with handguns demanding his money.
While robbery in Georgia is defined as taking the property another from that person; armed robbery means that a weapon is utilized during the taking. As a Georgia Criminal Defense Lawyer, I will outline the law behind armed robbery in our state.
Armed Robbery in Georgia
Armed robbery in Georgia is defined by Georgia Law 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.
Essentially - the offense of armed robbery is the offense of robbery with an offensive weapon. By law, many different weapons constitute offensive weapons. Courts have 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.
- Offensive weapons include:
- Starter Pistols,
- Nun chucks,
- Tire tools, etc.
Armed robbery is classified as a serious violent felony offense in Georgia. The penalties for an armed robbery conviction carry a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release.
There are Georgia Criminal Defenses to wrongful accusations of armed robbery. Many times, the elements of armed robbery are not fully met, and robbery is the more accurate crime. There are also cases of mistaken identity and suspect misidentification.
If you or a loved one has been accused of committing a crime in Georgia, contact a Georgia Criminal Defense Attorney today.