If you are facing armed robbery charges, it is important that you understand the best defenses available and which will work best in your case. The penalties for a crime like this can be severe, so work with an experienced Atlanta robbery lawyer to build a strong and effective case. Contact Williamson Legal to set up your free consultation today.
What is Armed Robbery?
Armed robbery is a crime taken seriously by Georgia state law. It involves stealing property with the use or threat of force while being armed with a dangerous weapon. When a person commits theft while using a weapon or making it seem like they are armed, it can place the victim in fear for their life.
Under the Official Code of Georgia Annotated § 16-8-1, a person can be found guilty 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.”
What Are the Penalties for Armed Robbery in GA?
Armed robbery is a serious felony offense in Georgia. The penalties associated with a conviction are severe to match the crime committed, especially when it comes to terms of imprisonment.
The penalties that can be incurred after an armed robbery conviction in Georgia include 10 to 20 years or life in prison. In extreme circumstances, Georgia law allows the death penalty for armed robbery convictions. The mandatory minimum term is increased to 15 years in cases where the defendant stole a controlled substance from a pharmacy or wholesale druggist, or if the defendant intentionally inflicted bodily injury on any person during the course of the robbery.
In addition to imprisonment, individuals convicted of armed robbery can incur substantial fines, victim restitution, probation, and more.
What Are the Best Defenses for Armed Robbery Charges?
As established, the penalties for an armed robbery conviction are severe. That is why it is crucial that you explore all defensive options when building your case. Consider the following.
- Lack of intent: Your taking of property with intent to commit theft is an important factor in armed robbery charges. If you thought the property was yours, thought you were entitled to it, or lacked intent in some other way, it could be a valid defense.
- Self-defense: You could argue that while you did intend to steal, you only used a weapon because you felt threatened and were acting in self-defense.
- Alibi: If you did not commit the crime, you could argue that you are innocent through a strong alibi and witness testimony.
- Lack of weapon: You may be able to get your charges reduced to simple robbery if you can prove that you did not use a weapon or violence during the commission of the crime.
- Entrapment: If you can prove that a government agent coerced you into committing the crime and you would not have done so otherwise, it can act as an effective defensive strategy.
There are many possible defenses that can work depending on the details of your case. Reach out to a skilled attorney for more information and representation.
