What Is the Definition of Robbery?
The Georgia law defines robbery when a person has intent to commit theft and takes the property of another person either from them or in front of another person.
Three Elements of Robbery
1) Robbery by Use of Force
Robbery by use of force is committed when a person uses force to take the property of another person, or in front of another. An example of this would be a person grabbing a victim’s property and the victim resisting as a result of trying to retain the property.
2) Robbery by Intimidation
Robbery by intimidation includes threat or coercion or putting the person in fear of bodily injury to themselves or another. Robbery by intimidation is when a person takes the property of a person or in front of another by using threats or coercion. Threats can take place with words or even non-verbal gestures. An example would be a person going up to a student with a laptop and saying they will hurt them if they don’t give them their laptop.
3) Robbery by Sudden Snatching
Robbery by sudden snatching happens when a person suddenly snatches a person’s property. An example of this would be a person snatching a person’s property with no struggle involved.
What Are the Penalties of Robbery in Georgia?
Since robbery is a severe criminal offense and is classified as a felony, if convicted of robbery you could face up to 1-20 years of imprisonment. If the victim is 65 years or older, imprisonment goes up to 5-20 years.
What Is the Definition and Examples of Armed Robbery in Georgia?
According to O.C.G.A. § 16-8-41, armed robbery is committed when a person has the intent to commit theft. Additionally, they must take property from a person or in front of another by use of a weapon. The weapon includes anything that is also considered a replica, article, or device that appears as a weapon. An example of this would be a person using a toy gun that appears as a real gun to commit the offense of armed robbery of a bank.
Armed robbery in the taking of controlled substances from the pharmacy is when a person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury. The penalties for the armed robbery of a pharmacy for controlled substances is up to 15 years of imprisonment. A controlled substance; defined as any drug in that is Schedule 1(I) through 4(V).
Armed Robbery Sentence in Georgia
The penalty of armed robbery is imprisonment of up to 10-20 years or a life sentence. Separate convictions may also be added for use and possession of a firearm during an armed robbery under OCGA 16-11-106.