Man Robbed at Gunpoint in Midtown Atlanta

According to reports out of the City of Atlanta, a jeweler was robbed at gunpoint in a parking garage of a Midtown hotel.

The man was parking his vehicle when another man ran up to his vehicle brandishing a gun. The victim has remained anonymous. He stated, “There was somebody running toward me with a gun, and he said, ‘Don't make me kill you.'”

The suspect made it away with two Rolexes and a litany of electronics and other pricey items.

As a Georgia Criminal Defense Lawyer, I will focus on the serious violent felony of armed robbery in today's post. A serious violent felony is set apart from other types of felonies as it has separate penalties.

Georgia Law lists out serious violent felonies as: murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery. Serious Violent Offenders in Georgia face penalties such as the death penalty if convicted.

Armed Robbery in Georgia

O.C.G.A. § 16-8-41 of the Georgia Code defines Armed Robbery in Georgia 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 having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.

A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten nor more than twenty years.

If the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.

An armed robbery conviction comes with a minimum of a ten year sentence. This ten year sentence cannot be waived or probated. This makes armed robbery more of a serious felony than other felony offenses in the state of Georgia.

Practice Note

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