Theft refers to taking another person’s property with the intention of permanently depriving them of that property. However, American law has established that there are many different types of theft, as well as different theft offenses that carry a range of penalties. In addition, theft can be classified as either a felony or an administrative offense depending on the circumstances of the individual case. Many states use the term “theft” to refer to the crime instead of “theft”.
Robbery is a special form of theft. The crime of robbery is defined as taking property from another person through the use of force, intimidation, or the threat of force. For this reason, the crime is sometimes referred to as “theft by threat or force.”
Some states have stipulated that the use or threat of force need not be directed at the intended victim; However, the threat must be immediate. Also, the offense must be committed in the presence of the victim for it to be considered robbery.
The general elements of robbery include:
- Taking and Carrying Away;
- the personal property of another person;
- Out of her possession or in her presence;
- Against her will; And
- Through violence, fear, violence, intimidation or threats of violence.
It is important to note that while robbery is often confused with the crime of burglary, they are two different crimes. Burglary involves breaking into and entering a home or other building with the intention of committing a crime inside.
What is armed robbery?
If a robbery is committed using a firearm or other deadly weapon, then the crime may be considered an armed robbery. This often results in a harsher sentence for the accused. Armed robbery could be considered a first-degree felony in which a robbery victim was beaten with life-threatening injuries. However, an armed robbery could also be considered a third-degree felony if the victim of the crime was not injured.
A felony conviction usually includes imprisonment and a fine. If a crime is committed using a deadly weapon, the privilege of carrying a firearm could be revoked as suspended. Depending on different state laws, the type of weapon used in an armed robbery can be a determining factor in classifying the crime.
In criminal law, the term “lethal weapon” refers to a firearm or other object that is (or is intended to be) used in a way that can seriously injure or kill another person.
The term refers to objects that most people would not normally consider deadly weapons. Some common examples are:
- Attacking someone with sports equipment such as a baseball bat;
- Deliberately hitting another driver or pedestrian with his motor vehicle;
- The more obvious use of knives or weapons;
- Pursue a person with an axe; And
- Various other unusual items, such as broken bottles, attack dogs, power tools, gardening tools, and blunt objects.
The legal definition of what constitutes a lethal weapon is intentionally broad to avoid loopholes. Simply put, any object that has the potential to cause serious bodily harm or death to another person could be considered a deadly weapon for legal purposes.
How does Georgia define armed robbery?
Armed robbery in Georgia is defined by Georgia Code §16-8-41. According to this code, “a person commits the offense of armed robbery when, with intent to commit a theft, he/she evades property of another person or from the immediate presence of another person by use of an offensive weapon or any mock article, or device having the appearance such a weapon.” In addition, the state of Georgia has established that armed robbery of a pharmacy should be treated as an armed robbery in its own right.
In other words, armed robbery in Georgia is the crime of using a real gun, replica gun, or what appears to be a gun to take property from another person; or to take property that is in close proximity to the person. This is done with the intention of committing a theft.
What is an assault weapon in Georgia?
Each state may have its own definition of what constitutes an offensive weapon. In Georgia in particular, an offensive weapon includes weapons that are inherently offensive as well as other items that are generally not considered offensive in and of themselves. These are items that the jury determined are likely to cause death or serious personal injury, depending on how the item is used. This was done by Eady v. State, 182 Ga. App. 293 in 1987.
Specific weapons found to be downright offensive under Georgian criminal law include:
- machetes;
- swords;
- Knife; And
- Weapons.
These specific weapons have been classified as “per se offensive” because they lack “innocent” characteristics. Georgia courts ruled in 1997 by Wright V. State 228 Ga. App. 779 that hands and feet are not considered weapons under the Armed Robbery Act.
It is important to note that a Georgia jury will determine whether an item can be considered a lethal or offensive weapon. Some examples of items that a jury has determined to be an offensive and/or deadly weapon include:
- A starter gun;
- nunchucks;
- A tire tool;
- A screwdriver;
- A pellet gun; And
- A cooking pan.
What is the penalty for armed robbery in Georgia? Are there countermeasures?
Armed robbery is considered a serious crime in Georgia. Therefore, an armed robbery conviction generally carries a sentence of ten to twenty years in prison, to be served in a federal prison facility. The minimum penalty for armed robbery is ten years in prison with no option for parole.
Armed robbery in Georgia was sentenced to life imprisonment. In addition, the state has established that the harshest penalty for particularly egregious cases of armed robbery is the death penalty.
As previously mentioned, armed robbery from a pharmacy is considered a separate type of armed robbery. It is considered to be particularly serious and is punishable by imprisonment for no less than fifteen years.
The crime of armed robbery depends largely on the defendant’s intent to harm another person by depriving them of their property. As such, a common defense of the crime would be that the defendant had none of the above intentions. Other examples of commonly used countermeasures include:
- Nothing was stolen;
- self defense;
- innocence supported by an alibi or testimony;
- The crime was somehow justified; or
- In fact, no weapon was used to commit the crime.
The available defenses vary widely depending on the circumstances of each individual case. It is recommended that you work with an attorney if you are charged with an armed robbery in Georgia.
Do I need a Georgia armed robbery attorney?
If you are accused of armed robbery in Georgia, it is recommended that you contact an experienced Georgia criminal defense attorney immediately. State laws vary widely on what constitutes armed robbery, what is a deadly weapon, and how the crime is punished. Therefore, working with a local attorney ensures that you receive the most relevant legal advice based on the laws of your particular state.
An experienced and local Georgia criminal defense attorney can help you determine if viable legal defenses are available to you. Finally, an attorney can also represent you in court if necessary, while still protecting your constitutional rights.
