Armed Robbery O.C.G.A 16-8-41
Fight Your Armed Robbery Charge in Atlanta Georgia with the Assistance of the Tough Legal Team at Yeargan & Kert, LLC
You did not expect something like this to happen to you or your loved one. Maybe you were given property, but now you are accused of armed robbery. Maybe your loved one contacted you from jail to let you know they need your help and they are charged with armed robbery.
Whatever the reason, you need to know more about the charge of armed robbery. First, armed robbery and robbery are separate charges. Armed robbery is found under the criminal statute of 16-8-41.
Robbery is an Atlanta Georgia Crime of Taking Property by Force
Robbery is the crime of larceny with violence. This means that a person took property belonging to another individual with the intent to permanently deprive the owner of the property and without consent. That is the definition of larceny.
The person committed larceny with the use of force, threat of force or intimidation. There some sort of violence that happened that forced the alleged victim to give over their property. The property may be something of value or money.
Robbery is a felony in Atlanta Georgia.
This Why You are Facing Armed Robbery Charges in Atlanta Georgia
Whether you or a loved one is facing armed robbery charges in Atlanta Georgia, there is one big reason why it is not a simple robbery charge. Armed robbery involves the same elements as robbery. You allegedly took property that belongs to you. You allegedly intended never to give the property back to the victim. You are also accused of using violence to obtain the property.
However, you are being charged with armed robbery because the state believes you used a weapon to rob the alleged victim.
According to the state’s statute, the weapon does not have to be real. It can be a replica, article or a device that looks like a weapon. You can even be accused of this crime because you allegedly had a toy gun.
What is Pharmacy Armed Robbery in Atlanta Georgia?
Pharmacy armed robbery is the same crime. The crime just happens at a pharmacy. Another difference is you or your loved one is accused of trying to obtain a controlled substance. The state defines a pharmacy as any business that dispenses, displays or possesses a control substance.
The penalty for this offense is about 15 years in prison.
Defenses to Armed Robbery in Atlanta Georgia
The exact defense needed in an armed robbery charge depends on the facts of the case. You may want to try to get the charge reduced to robbery. You may want to fight the charge by weakening the prosecutor’s case with a defense attorney from Yeargan & Kert, LLC.
For instance, an innocence defense challenges the prosecution’s evidence. You are telling the jury or judge that you did not commit this offense and outline the facts why you should be believed.
Another defense involves attacking each element of the charge. It is the prosecution’s responsibility to prove each and every armed robbery element like you used a weapon while taking someone’s property. If you weaken one element, you may win in criminal court.
Defenses to an Armed Robbery Charge in Atlanta Georgia
You could take a plea deal. However, a plea deal is not always given. It is offered by the prosecutor. You could plead guilty or fight. Fighting this charge means creating a specific defense that proves the state wrong. In a criminal court, you want the jurors on your side. A great defense will have the juror or judge over your case believe you and not the state.
Fighting your armed charge involves picking a smart, great defense strategy. A defense is a way to prove your innocence and based on the facts surrounding your charge. These defenses include:
You did not commit the crime
Actual innocence involves telling the court you are not guilty of the crime. You were not there at the time the armed robbery occurred. The victim may claim that you took property that belonged to them by force. However, they are wrong and you can prove it.
The State did not have enough evidence to bring the case to court
Lack of evidence involves the state not having enough evidence against you. The state has to prove you are guilty of armed robbery beyond a reasonable doubt. If they do not have enough evidence, they cannot take the case to trial. That does not mean they will not try. As long as this defense is strong, you can use this to get the charges dropped.
You can claim that you did not take property belonging to another individual. The property belonged to you. You cannot be convicted of armed if you took your own property.
You did not use a gun during the robbery
This defense involves admitting guilty. You did take property that was not yours. You did use force and intended to deprive the owner of the property. However, you did not use a gun or any type of weapon at the robbery. You will not be charged with armed robbery. You will not be convicted of armed robbery.
Contact Yeargan & Kert, LLC to Fight Your Atlanta Georgia Armed Robbery Charge
You are facing serious time when you are charged with armed robbery in Atlanta Georgia. An armed robbery conviction has penalties like life in prison, about 20 years in prison or a life sentence.
You or your loved one is afraid and terrified about what will happen if there is a conviction. Stop fearing what may happen. Start doing something to avoid the harsh penalties associated with the charge.
Contact us at Yeargan & Kert, LLC for a free case evaluation.