Georgia police are searching for robbers who have targeted seven Home Depots in the Metro Atlanta area.
According to reports in several different counties and over the past few months, a group has been stealing power tools and batteries from the hardware stores. Reports out of Henry County declared that the group escalated to using pepper spray on employees in order to get away with the robbery in McDonough. That store in particular has reported three different robberies all with similar descriptions of the perpetrators.
As a Georgia Criminal Defense Lawyer, I will outline the two different offenses of robbery and armed robbery in today's post.
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.
Regardless of whether the individuals are charged with robbery or armed robbery - they are both facing serious charges. A charge is not the same as a conviction however.