Trusted criminal defense lawyer
Armed robbery in Georgia has serious consequences. You may need the help of a criminal defense attorney from Conoscienti and Ledbetter to fight charges. Call us today for representation in court.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on September 13, 2023.
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Armed Robbery Laws in Georgia
Armed robbery is a serious offense in Georgia that carries harsh penalties. Armed robbery occurs when you intentionally take someone’s property using an offensive weapon. You may face charges for armed robbery whether or not the weapon was used. It also does not matter whether the weapon was a replica or fake. If you were arrested for armed robbery, consulting an experienced attorney is crucial.
Pretending to have a weapon with an intent to commit theft may result in armed robbery charges. For example, concealing your hand in your jacket and causing your victim to believe that you have a gun could lead to charges of attempted armed robbery, as the act creates a credible threat of violence.
Remember, a wide range of items may be considered weapons under Georgia law. Some of these include knives, bricks, guns, and even toy weapons. Given the broad interpretation of what constitutes a weapon, it’s crucial to promptly reach out to our lawyers at Conoscienti and Ledbetter. We possess the experience to navigate the legal complexities surrounding armed robbery charges and can provide the necessary guidance to ensure your rights are protected.
What Happens After an Arrest for Armed Robbery?
After an arrest for armed robbery, police officers will place you in a detention facility. If they fail to release you, you will appear before a magistrate judge. This usually happens within twenty-four to forty-eight hours after your arrest. During your initial hearing, the magistrate judge will formally present your charges. It’s important to note that you possess the right to legal representation and the option to remain silent.
Our Atlanta lawyers can file a request for a bond hearing, also known as a bail hearing, on your behalf. This is a legal proceeding during which a judge determines whether to grant bail to a defendant who is in custody awaiting trial.
Moreover, the court may determine that there is not enough evidence and dismiss the charges. However, if they believe you are guilty, they will transfer your case to a Superior court.
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What Are the Penalties for Armed Robbery in Georgia?
Under the GA Code 17-10-6.1, armed robbery is a serious violent felony. A person convicted of armed robbery may face several consequences depending on the severity of the offense. According to the GA Code 16-8-41, these punishments may include:
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Life imprisonment without possibility of parole
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A mandatory sentence of between ten and twenty years in prison
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Death penalty
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Huge fines
You will usually serve the maximum sentence if you have prior felony convictions. Judges have discretion and will consider aggravating factors when determining your sentence. For example, the minimum sentence is fifteen years in prison when a person takes a controlled substance from a pharmacy and intentionally inflicts bodily injury on another.
When a person commits armed robbery, they will receive a criminal record. A criminal record will affect your ability to secure employment. It may also make it difficult for you to get a house or get into certain educational institutions. Additionally, Georgia courts may order that you pay restitution to the victim to compensate for their loss.
Are There Possible Defenses To Armed Robbery Charges?
Armed robbery cases are unique, and no two cases are similar. However, there are various ways to defend against armed robbery charges in Georgia. Our criminal defense lawyers can investigate the details of your case. Some common defenses include:
- Lack of intent: This is one important element for an armed robbery conviction. The burden of proof lies on the prosecution. They must prove that you intended to commit the offense beyond a reasonable doubt. An attorney can also show that you were not in the right mental State at the time of the offense.
- Mistaken identity: You may be a victim of false accusation or misidentification. Sometimes, eyewitness identification or statements are unreliable. If there are doubts concerning your identity, this defense may apply.
- Innocence: An alibi that places you at a different location can be compelling to the jury. It can create doubts as to your involvement in the armed robbery. If the defense is successful, the court may dismiss your charges.
- No property was taken: Establishing that nothing was taken may be a good defense. If the weapon was used merely for intimidation, it is not an offense of armed robbery. However, you may face charges for assault or battery.
- Duress: An attorney may be able to prove that you were acting under threat or coercion. This involves showing that a third party forced you to commit the act against your free will. They may have threatened your safety or that of your loved ones.
- No weapon: If there was no weapon or the appearance of a weapon, then it is not armed robbery.
- Police mistakes: A failure by the police to follow proper procedures may be a good defense. Any misconduct committed by the police can be used to suppress evidence. An attorney may show that your constitutional rights were violated during the arrest. This may result in your charges being reduced from armed robbery to robbery or larceny.
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Is There a Timeframe for Bringing an Action for Armed Robbery?
There is a statute of limitations for Georgia criminal offenses. For the State to bring an action against you for armed robbery, the timeframe is seven years for felonies. If the State attempts to bring a claim after the timeframe, the court may dismiss the charges. However, there is no statute of limitations if the armed robbery involves murder or is provable with DNA evidence.
Hiring a Criminal Defense Lawyer in Georgia
Armed robbery charges carry harsh penalties that can affect your life forever. When facing these charges, you may find it difficult to comprehend criminal laws or legal paperwork. You will need the help of someone familiar with the Georgia criminal justice system.
At Conoscienti and Ledbetter, we can help you maximize your chance of a successful outcome. We will work with you to create a compelling defense strategy against your charges. This includes interviewing witnesses, collecting evidence, and gathering expert testimonies. We can guide you through the steps of the legal process while providing excellent legal counsel.
Our practice areas include both robbery and armed robbery defense. We can advocate on your behalf and represent you in a court of law. If you are facing armed robbery accusations in Georgia, contact our attorneys immediately. Our team is ready to explain the criminal process in detail and protect your rights.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
