Aggravated Assault in Georgia

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Georgia Aggravated Assault

Robbery is considered a serious felony in Georgia and carries significant penalties. Keep reading to learn more about robbery and how a criminal defense attorney can help you if you are charged with robbery.

Sentencing in Aggravated Assault Cases

Under O.C.G.A. § 16-8-40, a person commits the offense of robbery when, with intent to commit theft, he takes the property of another from the person or in the immediate presence of another by use of force; by intimidation, by the use of threat or coercion or by placing such person in fear of immediate serious bodily injury to himself or to another; or by sudden snatching.

What are the Elements of Robbery

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For a robbery charge, the State must prove:

The Defendant took someone else’s property from that person, or they took someone’s property in the presence of someone else; and
Did so with the intent to commit theft; and

The Defendant must take the person’s property by:

Use of force; or
Intimidation by the use of a threat or coercion; or
By placing a person in fear of immediate serious bodily injury to themself or to another; or
By sudden snatching.

As noted by Rivers v. State, decided by the Georgia Court of Appeals, robbery by sudden snatching occurs when any force is used to take property from someone who is caught off-guard, does not resist, and does not suffer an injury.

Some cases involve property that is owned by multiple people being taken. If the Defendant takes property that two or more people own in a single transaction, the Defendant can only be charged with one count of robbery.

Penalties

A person convicted of the offense of robbery can be punished by imprisonment for no less than 1 year and no more than 20 years.

However, any person who commits a robbery against a person who is 65 years of age or older can be imprisoned for no less than five years and no more than 20 years.

Defenses

There are several robbery defenses that your criminal defense attorney can argue based on the facts of your case, including:

Lack of intent to commit theft: To convict a Defendant of robbery, the State must prove that the Defendant intended to take another person’s property. If you did not intend to commit theft, your attorney could argue that the State did not meet all the elements of robbery.
Innocence: If you were not the person who committed the crime, your attorney could argue that the State is charging the wrong person and that you are innocent. Your attorney could also argue innocence based on misidentification if the robbery victim mistakenly identified you as the person who committed the robbery.
Taking the property was justified: If you owned the property that was taken, were entitled to possession of the property, or believed in good faith that you were the owner of the property, then your attorney may argue that taking the property was justified. However, if the taken property is jointly owned, meaning you and someone else both own the property, you can still be charged with robbery.
Consent: A robbery cannot happen unless the property is taken without the alleged victim’s consent. If the victim consents to you having the property, you cannot be charged with robbery. However, the alleged victim can take away their consent. If the victim decides they do not want you to have the property anymore and you refuse to give back the property and threaten violence, you can be charged with robbery.

Frequently Asked Questions

What is the sentence for a robbery in Georgia?

A person convicted of robbery can be punished by imprisonment for no less than 1 year and no more than 20 years. However, if the person commits a robbery against someone who is 65 years of age or older, then they can be imprisoned for no less than five years and no more than 20 years.

How does Georgia law define robbery?
Georgia law defines robbery as taking the property of someone else with the intent to commit theft by use of force, intimidation, sudden snatching, or placing someone in immediate fear of bodily harm to themselves or others.

Why You Need A Lawyer For Robbery Case

Robbery is a serious felony that can carry a lengthy sentence depending on the facts of your case. You need a criminal defense attorney to gather witnesses, ask the right questions in court, argue the proper defenses, and advocate on your behalf to ensure you are not wrongfully convicted.

Additionally, theft by taking is a lesser-included offense of robbery by sudden snatching. A lesser-included offense is a crime that must happen during the commission of a more severe offense and results in a less serious injury or risk of injury. This means that to commit a robbery by sudden snatching, a person must also commit theft by taking. Your lawyer will be familiar with the elements of theft by taking and can argue that the court should reduce the robbery by sudden snatching charge to theft by taking depending on the unique facts of your case.

Have Questions? Give Me A Call

If you or your loved one is charged with robbery, I am here to help. I have decades of experience representing people charged with serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!