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 commission 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.
What are the Penalties for Armed Robbery in GA?
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. The sentence for a second conviction of armed robbery 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.