If you are facing robbery charges in Marietta, Georgia, you need to know what you are up against. According to Georgia Code, Section 16-8-40, robbery is the act of taking property from another person or in their immediate presence by using force, intimidation, threat, coercion or sudden snatching. Robbery does not require the use of a weapon, but it does involve violence or fear.
Armed robbery is a more serious form of robbery that involves the use or appearance of a weapon. The weapon does not have to be real or functional. It can be a fake or toy gun, or even a concealed hand that implies a weapon.
Penalties
The penalties depend on the circumstances of the case and the presence of any aggravating factors. Robbery is a felony punishable by 1 to 20 years in prison. If the victim is 65 years or older, the minimum sentence is 5 years.
Armed robbery is a felony punishable by 10 years to life in prison. If the defendant intentionally injures anyone during the crime, the minimum sentence is 15 years. However, armed robbery of a pharmacy is a felony punishable by 10 to 25 years in prison. If the defendant intentionally injures anyone, the minimum sentence is 15 years. Hijacking a vehicle is a felony punishable by one to 10 years in prison.
In addition, a person convicted of robbery or armed robbery may also have to pay fines, restitution, court costs and other fees. A conviction may also affect their employment, education, housing and other opportunities.
Defenses
If you are accused of robbery or armed robbery, you may have some legal defenses that can help you fight the charges or reduce the penalties. For example, you can argue that you lacked intent. You did not intend to take property from another person or use violence or fear to do so. Another defense is mistake of fact. You did not know that the property belonged to another person or that they were present when you took it.
Consent is another defense. The owner of the property gave you permission to take it or use it. Duress is a defense too. You were forced or threatened by someone else to commit robbery. Another defense is entrapment. You were induced by law enforcement agents to commit the robbery when you would not have done so otherwise.
Yet another defense is self-defense. You used reasonable force to protect yourself or someone else from an imminent threat of harm by the victim. You can also use an alibi. You were somewhere else when the robbery occurred and have evidence or witnesses.