How Does Georgia State Law Define Armed Robbery?
In Georgia, armed robbery is defined under OCGA 16-8-41 as an act of robbery with the intent to commit theft and with the use of an offensive weapon or device that resembles a weapon.
What Other Factors Could Aggravate Or Enhance An Armed Robbery Charge?
In Georgia, the possible penalties for armed robbery include the death penalty, life in prison, and a mandatory 10 to 20 years in prison. Although the death penalty is not currently enforced under the US Supreme Court cases for armed robbery, it still remains on the book. The law requires that a person who commits armed robbery serve at minimum a 10-year prison sentence. If a pharmacy or drugstore is the target of an armed robbery and the offender takes drugs and injures someone in the process of the robbery, then they will be required to serve at minimum a 15-year prison sentence.
In the typical armed robbery case, the judge has a lot of discretion when it comes to sentencing, and will consider the facts and circumstances of the armed robbery and the offender’s prior criminal history when determining the length of the sentence. For example, if someone was injured during the course of an armed robbery, then that would be considered an aggravating factor and would likely result in a prison sentence of more than 10 years.
What Are Some Potential Defenses Used In Armed Robbery Cases?
As in any serious criminal case, the most important portion of the defense of an armed robbery case is a thorough investigation. Things are not always what they appear to be in armed robbery cases. For example, what appears to have been an armed robbery could have in fact been a dispute between friends or family members that turned violent and involved a weapon. In formulating a defense to armed robbery, it is important to remember that in order to be convicted of armed robbery, the prosecutor must specifically show that the alleged offender intended to commit theft and use a weapon or violence in the process of doing so.
Is It Possible To Have Armed Robbery Charges Reduced In Georgia?
Since an armed robbery conviction carries a minimum of 10 years in prison which may not be paroled or probated, defense attorneys will often seek a reduction of the charge. If the district attorney’s office agrees to reduce a charge to robbery, then the judge will not be required to abide by the minimum sentence of 10 years in prison. In many cases, it is possible to have these charges reduced via negotiations with the district attorney’s office or to seek a plea deal to a lesser charge.
When Is It A Good Idea To Accept A Plea Deal In an Armed Robbery Case?
If the prosecution agrees to offer a plea deal in an armed robbery case, it may be best to accept it if it would prevent the defendant from serving a mandatory 10-year prison sentence.
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