Robbery Charge

If you’re facing robbery charges in Georgia, understanding the serious nature of these accusations and your legal options is crucial for protecting your future.

Robbery charges can result in fines, probation, jail time, and other consequences that affect your daily life. However, at Philip Kim Law, P.C., we’re ready to step in to defend your rights.

Our experienced team of lawyers can help you navigate the complexities of Georgia’s robbery laws and explore potential defense strategies that could significantly impact your case.

Robbery is generally defined as taking property from another person by force, threat, or coercion. In Georgia, it’s considered a felony and carries substantial penalties that can dramatically impact your life. For example, it carries a prison sentence of 1–20 years.

Armed robbery charges, which involve a weapon, carry a 10–20 year sentence, often with no early release.

Robbery differs from burglary because it involves using force or confronting a person, whereas burglary typically involves breaking into a building. The state treats these offenses with utmost severity, making it essential to understand both the charges and your rights.

Armed Robbery

Armed robbery happens when a weapon is used or shown during the crime. This represents the most serious form of robbery under Georgia law. A person convicted of armed robbery faces a mandatory minimum prison sentence of 10 years and could face life in prison, depending on the specific circumstances of the case.

The penalties become even more severe when aggravating factors are present. For instance, if the alleged robbery victim suffered serious bodily injury, the penalties can be raised significantly. Additionally, if the victim was over 65 years of age, Georgia law imposes enhanced penalties that reflect the state’s commitment to protecting vulnerable populations.

Unarmed Robbery

Unarmed robbery involves taking property from another person through force, threat, or coercion without the use or display of a weapon.

While less severe than armed robbery, unarmed robbery still carries significant consequences in Georgia, with sentences ranging from one to 20 years in prison. The exact penalty depends on various factors, including the defendant’s criminal history and the specific circumstances surrounding the alleged crime.

Aggravating circumstances can also lead to harsher charges or longer jail time, even if no weapon is used. Some aggravating factors include:

• The victim gets hurt
• The person makes serious threats, even without a weapon
• The victim is vulnerable, like a child, older adult, or disabled person
• More than one person takes part
• The person has past violent or robbery crimes
• The robbery happens in a protected place, like a home, school, or store

Attempted Robbery

Even if a robbery is not completed, attempting to commit robbery is still a serious criminal offense in Georgia. Attempted robbery charges apply when someone takes clear steps to commit a robbery but fails to do so.

The punishment is usually lighter than for a completed robbery, but it can still result in prison time and serious long-term consequences.

In Georgia, attempted robbery is a felony, typically punishable by a prison sentence of one to 10 years. If the attempted robbery involved a weapon (attempted armed robbery), the penalty ranges from 10 to 20 years.

Under certain circumstances, first-time offenders may avoid a conviction if they complete probation and other requirements.

Beyond prison time, robbery convictions carry additional consequences, including substantial fines, restitution to victims, and probation requirements. For example, if you are convicted of unarmed robbery, you may face up to $15,000 in fines as part of felony sentencing.

Furthermore, you may also face the long-term impact of having a felony conviction on your record. This can affect employment opportunities, housing options, and various other aspects of your life.

To secure a conviction for robbery in Georgia, prosecutors need to prove several key elements beyond a reasonable doubt.

For armed robbery, the state has to establish that the defendant took property from another person, used force or threat of force, and showed or used a weapon during the crime (OCGA § 16-8-39). The prosecution should also prove intent to permanently deprive the victim of their property.

For unarmed robbery, the elements are similar but without the weapon component. The prosecution has to demonstrate that force, threat, or coercion was used to take property from another person.

For attempted robbery, the state has to establish that the person took a clear step toward the crime that goes beyond planning and moves directly toward committing it. Their actions have to show intent to take property from someone, use force or threats, and keep the property, and in armed attempted robbery, to show or use a weapon.

These points matter because defense lawyers often try to show that prosecutors cannot prove one or more of the required parts.

When facing robbery charges, several defense strategies may be available depending on the specific circumstances of your case. Our skilled criminal defense attorney can carefully analyze the evidence and circumstances to identify the most effective approach.

Lack of Intent: If prosecutors cannot show that you meant to keep the property for good, their case may be much weaker. Also, if you can show that you reasonably believed the property was yours, that can be a valid defense.

Duress: This can apply if you were forced to commit the robbery because you or someone else was threatened with immediate harm. To use this defense, you must show that the danger was about to happen and that you had no reasonable way to avoid it.

Self-defense: Self-defense or defending others can apply if the supposed victim was actually the attacker. If you can show you were protecting yourself or someone else from immediate harm, it could fully defend you against robbery charges.

Mistaken Identity: This is an important defense, especially when eyewitnesses are involved. Questioning the witness’s reliability and how the identification was made can be very effective in creating reasonable doubt.

If you’ve been charged with robbery in Georgia, Phillip Kim Law, P.C. is ready to fight for you.

We can protect your rights and challenge the evidence. We also guide you through every step of the case. A robbery charge is serious. It can affect your freedom, your job, and your future. However, you don’t have to face this alone.

Our comprehensive approach includes thorough investigation, careful analysis of evidence, and aggressive advocacy at every stage of the legal process.

We give you honest answers and clear options. We stay in touch and respond quickly. Our goal is to build the strongest defense for your situation. That may mean pushing to get charges reduced or dismissed. It may mean negotiating for a better outcome. Or it may mean getting ready for trial.

Phillip Kim Law, P.C., is here to stand by your side.

No matter how severe the charges against you are, our experienced legal representation can make a difference. We are ready to guide you through the legal process and strongly protect your rights.

Remember, robbery is a serious charge that can impact your freedom, your record, and your future. That’s why you need a defense strategy built around your situation. So, acting quickly can help you build a stronger defense.

Don’t wait to get answers. Schedule a meeting with Phillip Kim Law, P.C. today to talk about your case and learn how we can help protect your future.

You don’t face these serious charges alone. Get the experienced advocacy you need.

1. What constitutes a robbery charge?

The specifics vary by jurisdiction and whether a weapon or aggravating circumstances are involved.

2. Who can defend against a robbery charge, and when should they act?

3. What does the defense process for a robbery case involve?

The defense process often includes: investigating the circumstances (surveillance, witness statements, police reports), identifying possible errors or violations (improper search/seizure, mistaken identity, lack of intent), negotiating with prosecution (pleas or reduced charges), and, if necessary, preparing for trial (motions, jury instructions, trial strategy).

4. What outcomes are possible for a robbery case?

Outcomes depend on factors such as the strength of the evidence, prior record, the presence of a weapon, and plea negotiations.

Possible outcomes include: a reduction in charges (for example, from theft to assault), dismissal if the evidence is insufficient, acquittal at trial, or conviction with secure sentencing (which might involve prison, probation, fines, or restitution).

5. What rights and risks should someone facing a robbery charge understand?

Rights include: the right to legal counsel, to remain silent, to challenge evidence, and to a fair trial.

Risks include: severe penalties (especially if aggravating factors such as a weapon are present), long-term consequences for employment and record, and the possibility of additional charges due to prior convictions or the use of force.

A strong defense strategy tailored to the specifics of the case is crucial.