Armed Robbery Defense Attorney in Atlanta
What is Armed Robbery in GA?
Under the Official Code of Georgia Annotated (OCGA) §16-8-40, an armed
robbery is a "robbery committed with an offensive weapon, any replica
of an offensive weapon, or a device having the appearance of any such
weapon" with the goal to take another's property.
Note - This includes any suggestion of a weapon (like a finger in a coat)
or even if a weapon is found at the time of arrest that was not used in
the commision of a robbery.
Unfortunately, Atlanta has long been considered one of the most violent
cities in America. Armed robberies are common in our city, ranging from
stranger hold-up cases to bank or store robberies to home invasions. Armed
robberies are viewed more severely than robberies, because although robberies
often involve intimidation or force, armed robberies add an extra level
of violence: the presence and/or use of weapons.
Armed Robbery Sentencing & Penalties in Georgia
Armed robbery is considered a
violent felony offense and comes with a min of 10 years & a max of 20 years
with the option for the death penalty depending on the case. Additionally,
the sentence for a second conviction of armed robbery in Georgia comes
with life without the possibility of parole.
Furthermore, if you have three prior felony convictions from anywhere in
the U.S. you will also have to serve the maximum sentence without the
possibility of parole. Also as a co-conspirator or accomplice in an armed
robbery an individual could face the mandatory min of 10 years in prison.
In Georgia being charged with "party to the crime" of armed
robbery is proven by evidnce linking an individual to "casing"
the site, buying weapons, acting as a lookout, driving the getaway vehicle,
or any other actions of involvement.
Judges have been known to give hard-hitting sentences to armed robbers.
In one recent case, a federal judge sentenced two individuals to a 39
year sentence and to a 72 year sentence in prison. The special agent in
charge of this case said, "Without doubt, armed robbery cases can
quickly turn into senseless tragedies for a customer, a merchant, a passerby
or the responding police officer. Today's sentences send a definite
message to those involved that will resonate with them for the many years
they will spend in federal prison."
Experienced Armed Robbery Legal Counsel
In order for you to be convicted of armed robbery, the prosecution must
establish that a
weapon was intended to be used. A
criminal defense attorney can help show that your weapon was never intended to be used.
Something such as whether or not your firearm was loaded can have a lot
of bearing on your case.
In most cases, an alleged victim or witness will have to pick out the accused
from a photo or lineup. If any part of the identification process can
be suppressed or if the rights of the accused were violated in any way,
then the evidence can be thrown out!
One of the first factors we will seek to determine is whether or not the
proper procedures were adhered to, when it came to searching for and confiscating
the weapons. If any evidence was obtained illegally, we can file a motion
to suppress evidence, which could allow your charges to be reduced from
an armed robbery to merely a robbery or larceny. Obviously however, our
chief goal would be to get your case dismissed entirely.
The Law Office of Matthew T. McNally can help you fight for a case dismissal or reduction of charges.
Call the firm immediately for the aggressive representation you need!