Georgia Armed Robbery Laws and Penalties – Georgia Code § 16-8-41

Armed robbery is a criminal act where a person uses a weapon to intimidate, threaten, or force someone else to give up their property. The consequences of conviction can be severe and long-lasting. If you’re facing robbery or related charges, it is crucial to understand Georgia armed robbery laws and penalties. An experienced criminal defense attorney can explain how the laws apply to your individual circumstances.

Armed Robbery in Georgia

In general, robbery is considered a violent felony charge in which someone uses threats or force to take another person’s property. A robbery conviction can lead to time in prison and other penalties.

But when a robbery includes a weapon, it is considered armed robbery, which is a much more serious offense where someone uses a weapon to take another person’s property by placing the victim in fear of immediate and serious harm or death, either for themselves or someone else. Armed robbery in Georgia generally means a minimum sentence of ten years but can result in up to life in prison or, in some cases, the death penalty.

More severe penalties are likely if a gun or other kind of firearm is used in an armed robbery or if the victim is part of a more vulnerable population. These vulnerable populations include victims who are under 18 years old or over 65 years old. In addition, subsequent convictions usually have increasingly harsh penalties.

In some cases of armed robbery, the evidence may show that no weapon was actually used. For example, the suspect only used their hand in their pocket to make it look like they had a gun. When that happens, the charge can sometimes be reduced to robbery by intimidation instead. A conviction for this charge can have milder punishments and more flexible sentences, which may include the possibility of parole, probation, or a lack of minimum sentencing.

There were about 4,300 robberies reported in Georgia in 2023, according to the most recent information by the Uniform Crime Reporting Program (UCR), which is operated by the Georgia Bureau of Investigation (GBI) and the Federal Bureau of Investigation (FBI). That averages one robbery every 2 hours, 2 minutes, and 48 seconds. Out of those robberies, there were 928 arrests. Robbery trials are held at the DeKalb County Courthouse on North McDonough Street in Decatur.

Repeat Offender Laws

It is also important to know that, like many other states, there is a three-strikes law in Georgia. Armed robbery is a felony in Georgia and counts towards the three-strikes law. This law requires that a person who has three or more prior felony convictions must receive the maximum sentence for any subsequent felony convictions. The offender is also not eligible for parole, probation, or deferral.

In addition, Georgia has one of the most severe repeat offender laws of any state, which is the 1995 Seven Deadly Sins law. This covers armed robbery with a firearm, rape, murder, and other criminal acts. Any person convicted of at least two of these crimes has to be sentenced to a minimum of ten years, even a first-time offender. In many cases, a conviction can mean more severe penalties, up to life without the possibility of parole for offenders 13 or older.

FAQs  

What Kind of Lawyer Do You Need for Armed Robbery?

For armed robbery, you need a criminal defense lawyer who has extensive experience with successful outcomes in other armed robbery cases. Armed robbery is one of the most serious offenses and can lead to long prison sentences. Having a defense attorney with a thorough understanding of the laws, legal procedures, and local court practices can have a significant impact on the results of your case.

Can You Use the First Offender Act for Armed Robbery in Georgia?

No, you can’t use the First Offender Act for armed robbery in Georgia. The First Offender Act is a program that allows alternative sentencing for defendants who meet specific criteria. However, the terms specifically exclude some serious violent offenses, and armed robbery is one of these offenses. Armed robbery has a mandatory minimum sentence, even for a first-time offender with no previous history of felony convictions.

Can You Get Parole for Armed Robbery in Georgia?

Yes, you can get parole for armed robbery in Georgia in many cases. It is important to note that there is a mandatory minimum prison sentence, but in some cases, such as first-time offenses, a person may be considered for parole. However, a prior conviction for any violent felony in any state may render the person ineligible for parole in Georgia. Your defense lawyer can determine whether you are eligible based on the facts of your case.

What Is the Statute of Limitations on Armed Robbery in Georgia?

In Georgia, the statute of limitations on armed robbery is seven years because of the severity of the charge. However, in cases where an offender is found through DNA evidence, the seven-year statute of limitations does not always apply. It is also important to note that when a defendant in an armed robbery case is between 13 years old and 17 years old, the offender is treated as an adult.

Get Fierce Legal Representation for Armed Robbery in Georgia

The trusted legal team at The Fleming Firm knows that an armed robbery charge can have a serious impact on your life. For each client, we devote the time and attention to really understand their individual needs and circumstances and develop a legal defense strategy that gives the greatest possible chance of the desired outcome, whether that means negotiating a reduction or dismissal of charges or representing you in court.

You do not have to face armed robbery allegations alone. The Fleming Firm has been representing Georgia residents in legal matters since 2004, and we know that the sooner we can get started on your defense, the more time we have to prepare. If you have been accused of or arrested for armed robbery or a related charge, reach out to our office right away to set up an appointment for your initial consultation.