Another pizza delivery driver has been robbed in Cobb County. There have been reports for the past few months of multiple robberies of food delivery drivers all across Georgia. Cobb County police most recently arrested Michael Edwards for armed robbery and false imprisonment in Georgia. He is also facing charges of possession of a firearm during the commission of a felony and theft by taking in Georgia.
Edwards allegedly worked with an accomplice when robbing a pizza delivery driver at gunpoint, stealing the driver's belongings and the vehicle.
The car was recovered in Grove Park, and police saw both Edwards and the other man running away nearby. Both men have been detained in the past two weeks.
As a Georgia Criminal Defense Lawyer, I will explain the offense of 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.
Georgia Courts define what constitutes an offensive weapon. Georgia has established that offensive weapons include guns, machetes, swords, and knives. Moreover any instrumentality that may be found by a jury as likely to produce death or great bodily injury is also an offensive weapon. These instrumentalities may not commonly be considered to be offensive but become offensive depending on the manner and means of their use.
The test for other unconventional weapons is whether the manner in which it was used constituted an offensive weapon. Whether an instrument represents a deadly or offensive weapon is one for the jury's determination. Instrumentalities such as a starter pistol, nun chucks, tire tool, and skillet are just some of the things the jury found to be offensive weapons.
Armed robbery is classified as a serious violent felony.
A conviction for armed robbery can include the penalty of a minimum of ten years in prison to life in prison or even the death penalty.
The criminal offense of armed robbery is different from other crimes because the minimum ten year prison sentence cannot be through probation - it is mandatory imprisonment for ten years if convicted.
A Georgia Criminal Defense Attorney will utilize a defense tactic specific to a charge of armed robbery. The defense is to convince the state of Georgia is to reduce the charge to robbery in Georgia from armed robbery. This will remove the mandatory 10 years in prison.
If you or a loved one has been charged with a crime in Georgia, contact us today. We will determine which Georgia Criminal Defenses apply specifically to your case and defend both your rights and your freedom.