Kidnapping Accusation Results in Armed Robbery Conviction in Georgia

According to reports out of Gwinnett County, a man who was originally accused of kidnapping a woman was actually convicted of armed robbery this past week.

All charges stem from the same incident. Investigators of the incident determined that the alleged kidnapping victim was actually in on the robbery. She allegedly helped the man rob one of her own friends.

As a Georgia Criminal Defense Lawyer, I will outline the legal elements of the criminal offense of armed robbery in Georgia as well as the consequences if convicted of the crime.

Armed Robbery in Georgia

Georgia Law defines armed robbery in Georgia as:

A person commits 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. O.C.G.A. §16-8-41.

According to the law, an offensive weapon can include but is not limited to the following:

• Guns
• Machetes
• Swords
• Knives
• Tire Iron
• Screwdriver
• Pellet Gun 
• Skillet 

The list goes on because the decision is up to the jury on whether or not the instrument used constitutes an offensive or deadly weapon. These instrumentalities may not commonly be considered to be offensive but become offensive depending on the manner and means of their use. 

If convicted of armed robbery, a person is guilty of a violent felony. This conviction includes a minimum of ten years in prison to life in prison or even the death penalty. Unlike most criminal offenses in Georgia, the ten year mandatory prison sentence cannot be probated.

Practice Note

No matter the circumstances, if arrested - no one should be expected to handle criminal offenses on their own without the help of a lawyer. Call us now.