What Constitutes a Robbery Offense in Georgia?

Robbery is a type of theft offense generally defined as taking someone’s property or money using physical force and provoking fear in the victim. The offense can be aggravated by armed robbery if the defendant used a deadly weapon or threatened to use a weapon during the crime. Robbery differs from a burglary offense in that robbery involves the presence of a victim and violence. Burglary can occur without the victim being aware or even without a victim present during the time of the offense.

A robbery offense involves all of the following:

  • Taking money or property with the intent to steal
  • Property belonging to another person
  • The property being in the presence of the person when taken
  • Taking the property against the person’s will
  • The use of violence or intimidation during the offense

The laws involving robbery in Georgia can be found in the Official Code of Georgia Annotated (OCGA) § 16-8-40. The simple definition would be theft while using violence or a threat of violence. If you are facing charges of robbery, team up with a Marietta criminal defense lawyer from Blevins & Hong, P.C.

Penalties for a Robbery Offense in Cobb County, GA

These offenses are almost always charged as a felony in the state of Georgia. For a general offense, the defendant can be facing a prison sentence between one and 20 years. This can be increased if the victim of the crime was 65 years of age or older, then the prison sentence can be between five and 20 years. When armed a harsher penalty is given due to the presence of a deadly weapon or the threat of a deadly weapon to cause fear. This type of offense is punishable by life in prison or even the death penalty in Georgia. The minimum prison sentence for armed robbery is 10 years without the possibility of early release.

Robbery Charge Defenses in Georgia

The prosecutor has to prove all elements of a robbery crime before a conviction can take place. On top of that, the factors of the crime have to be proven beyond a reasonable doubt. If you are able to challenge evidence or show a lack of evidence for one element of the crime, a conviction may not be supported. Some of the defenses that a skilled Marietta robbery lawyer can make on your behalf include:

  • Innocence– using an alibi or video footage or eyewitness statements.
  • Involuntary intoxication– showing that the act was outside of the defendant’s control because of intoxication. The intoxication must have been against the defendant’s will.
  • Voluntary intoxication– some states will give a lesser charge if the defendant was intoxicated when the crime was committed. The crime involves intent to commit the crime, but while intoxicated, this intent may not be possible.
  • Entrapment– this involves the defendant being pushed into committing a crime that they normally would not have committed
  • Duress– this involves the defendant being threatened with injury or death to commit the crime.
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