Atlanta Robbery Lawyer

Robbery accusations are the most dangerous theft allegations a person can face. Although robbery may fall under the theft umbrella, it is also a violent crime and can have a much more significant impact on your life. To minimize those consequences, you must contact an attorney immediately after learning you are a suspect.

An Atlanta robbery lawyer could craft a defense to help you get the best possible outcome in your case. Since robbery is a theft crime, it may be possible to negotiate lesser charges. Plus, the state must prove several elements in a robbery case. Proving that you unlawfully took the property is not enough— they must also prove the other elements. If they cannot do so, a skilled criminal defense attorney may be able to get the charges dismissed. You should speak to an attorney before talking to the police.

Robbery Laws in Georgia

Under the law, robbery is a theft crime. Georgia Code § 16-8-40 defines robbery as taking property with the intent to commit theft by a sudden snatching, force, or some intimidation. When someone uses a weapon to commit a robbery, it is armed robbery under Georgia Code § 16-8-41. For armed robbery, the person can use a weapon or anything that looks like a weapon. Having an actual weapon is not an element of the crime — anything that looks like a weapon satisfies the statute.

Robbery and armed robbery are theft offenses because they require taking property with the intent to commit theft. However, the state treats them differently from other theft offenses. Generally, the state uses the value of the stolen property to determine how to charge theft offenses. For robbery and armed robbery, the punishment often has nothing to do with the value of the stolen items —it depends on the amount of force that the defendant used or whether the defendant used a weapon.

In fact, armed robbery carries a greater minimum penalty than robbery. While the punishment for robbery is from one to 20 years in prison, that for armed robbery is 10 to 20 years in prison. The state views armed robbery as a more serious offense. An attorney in Atlanta could help you understand the differences between robbery and armed robbery charges.

Examining the Evidence in Robbery Charges

Robbery charges often depend on witnesses’ eyewitness identification. The police, juries, and even judges put substantial weight on eyewitness testimony. However, it is notoriously flawed. One of the first things that a robbery lawyer in Atlanta could do is ask the police about the evidence against you. If their only evidence is eyewitness identification, the attorney could push back against that evidence and attempt to get the charges dismissed.

Possession of the stolen property is another type of evidence that may support a robbery charge. When the property is unique, it may tie someone to a crime. For example, personalized or unique jewelry or other items may tie someone to a crime. However, many robberies only involve money, and the presence of cash may not be enough to substantiate a robbery allegation.

In some robbery cases, DNA evidence could link a defendant to the crime. In those instances, the defense attorney may need expert witnesses to help challenge that evidence. On the other hand, the attorney may advise a defendant that a not-guilty verdict or case dismissal is unlikely, thus leading to exploring plea deal options. Since theft charges depend on property value, pleading to a lesser offense could significantly reduce an offender’s potential penalty.

Speak to a Robbery Attorney in Atlanta

Robbery is a serious crime that carries a potential penalty of up to 20 years in prison. When you face those charges, you need to connect with an attorney as soon as possible. You have a constitutionally protected right to remain silent and hire an attorney. Every criminal defendant should exercise those rights and refuse to speak to police without an attorney present. Call today to schedule a consultation with an Atlanta robbery lawyer to find out more.