Georgia Criminal Defense Blog

Recent Armed Robbery Story in Georgia Provides Analysis of Lesser Included Offense

Posted by Richard Lawson | Jun 01, 2018 | 0 Comments

Tavalas Beasley was arrested in Cobb County after being accused of robbing a woman in her motel room. Beasley allegedly met the victim at a club in Atlanta and offered to driver her back to her motel room near Six Flags Over Georgia. 

According to reports, he left her room, but then returned with a friend. The two men have been reported as entering the room with a gun and threatening the woman. Beasley and his reported accomplice robbed the alleged victim of $200. 

Police arrested Beasley that morning after using surveillance footage from the motel to identify him.

As a Georgia Criminal Defense Lawyer, I will focus on the law behind armed robbery in Georgia in today's post. 

Armed Robbery in Georgia

The Georgia Code defines armed robbery in Georgia 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.

The offense of armed robbery is classified as a serious violent felony. A conviction for armed robbery in the state of Georgia can include a minimum of ten years in prison to life in prison or even the death penalty. 

As a serious violent felony, armed robbery is much different from other crimes because the ten years cannot be through probation - it is mandatory imprisonment for ten years if convicted.

Practice Note

When charged with crimes that are classified as serious violent felonies, it is of the utmost importance to hire representation. This is where we come in.

After analyzing your case and evaluating different Georgia Criminal Defenses, your Georgia Criminal Defense Attorney will look into is utilizing the strategy of negotiating an armed robbery charge down to robbery in Georgia.

This strategy is known as lesser included offense in Georgia. If utilized successfully, a conviction for robbery will enable the accused person to avoid the mandatory ten years in prison that cannot deserved through probation. 

Georgia law establishes two ways that the defense of lesser included offense can be utilized:

  • It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the charged crime; or
  • It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. O.C.G.A §16-1-6.

To put it simply, proving that the accused person can be convicted of a lesser-included offense can be either a matter of law or as a matter of fact. It is a matter of law if the lesser offense contains the same, but fewer, elements as the greater offense. It can be as a matter of fact if the evidence establishes that some lesser offenses may have been all that was committed.

If you or a loved one has been accused of committing a crime in Georgia, contact our offices today.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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