A second suspect has been arrested in relation to a fatal robbery in DeKalb County.
According to reports, police have arrested a 20-year-old man on one count of armed robbery and another count of felony murder in Georgia. The incident occurred late last month when a man was fatally shot during a robbery at a local apartment complex.
As a Georgia Criminal Defense Attorney, I will go through the law behind the offense of armed robbery in Georgia in today's post. In order to fully understand the law behind armed robbery, I will provide a brief overview of the law behind the base offense of robbery.
Armed Robbery in Georgia
Robbery in Georgia is defined by Georgia Law 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 by:
- Use of force;
- Intimidation, threat, or placing the other person in fear of immediate serious bodily injury to himself or another; or
- By sudden snatching.
Penalties for a robbery conviction can include a prison sentence for a period of one to twenty years. However the consequences for robbing a person aged 65 or older increases the prison term to no less than five years and no more than twenty.
The elevated offense of armed robbery in Georgia is defined by Georgia Law 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.
Courts have gone back and forth through the years as to what constitutes an offensive weapon as well as if replica or toys can be considered offensive weapons. After years of debating, it has been established that an offensive weapon includes not only weapons which are offensive per se, but also embraces other instrumentalities not normally considered to be offensive in and of themselves but which may be found by a jury likely to produce death or great bodily injury depending on the manner and means of their use.
Armed robbery is also a 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 - even a life sentence.
Armed robbery is classified as a serious violent felony. The legal minimum for a conviction for armed robbery is ten years in prison.
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