Cobb County police paired up with Marietta and Smyrna police to identify the alleged perpetrators involved in a string of armed robberies across the county this past week. According to reports, there were four armed robberies just in the past four days including the robbery of a QuickTrip in Marietta, a Family Dollar in Austell, another QuickTrip in Powder Springs, and a Reliable Pharmacy in Austell.
The combined investigations led to the identification of Lashumbia Session and Mykia Wilson - both Cobb County residents. As of right now they have been accused of armed robbery in Georgia.
As a Georgia Criminal Defense Attorney, I will briefly explain the law behind armed robbery in Georgia and focus in on the defenses that are most applicable to a charge of this nature in today's post.
Armed Robbery in Georgia
Armed Robbery in Georgia is defined by the Georgia Code 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.
By law, offensive weapons vary. These weapons obviously include guns, machetes, and knives.
Our Courts also have found that any instrumentality that could be found by a jury to produce death or great bodily injury can also be considered an offensive weapon. This means that unconventional weapons can be considered as offensive weapons as well. If it's an unconventional weapon, then it must be used in a manner and means that is offensive. Georgia juries have found certain unconventional weapons offensive such as a tire tool, a skillet, and even a starter pistol.
Armed Robbery in Georgia is considered a serious violent felony and has some serious penalties if the accused person is convicted. In order to convict a person of armed robbery, the prosecution (the State of Georgia) must find that person guilty beyond a reasonable doubt. If convicted of armed robbery, the penalty can include the penalty of a minimum of ten years in prison to life in prison or even the death penalty.
As a Georgia Criminal Defense Lawyer, I like to emphasize and re-emphasize what makes armed robbery different from other offenses. There is a minimum ten year prison sentence if convicted of armed robbery. This minimum ten year prison sentence cannot be through probation - it is mandatory imprisonment.
This is where we come in. If you or a loved one has been charged of armed robbery in Georgia, there are options. Your defense starts with us. We will utilize certain Georgia Criminal Defenses that are specific to your case.
A helpful defense tactic is the defense of lesser included offense in Georgia. This method includes convincing the prosecution to reduce the charge to robbery in Georgia, which ultimately removes the mandatory ten-year prison sentence.
Again, if you or a loved one has been charged with a crime in Georgia, contact us today.