Armed Robbery

O.C.G.A. 16-8-41(a) defines armed robbery as the taking of the property of another from the person or the immediate presence of another, with the intent to commit a theft, by use of an offensive weapon, or any replica, article or device having the appearance of such weapon.

O.C.G.A. 16-8-41(b) mandates that any person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten years nor more than twenty years.

When an accused is arrested for armed robbery, he must immediately retain an attorney, in order for the attorney to: (1) ascertain exactly where the accused was at the time of the armed robbery and locate alibi witnesses (i.e. witnesses that can place the accused at some location other than the robbery scene); (2) visit the armed robbery scene and request video surveillance from any of the surrounding businesses (while many businesses including banks and gas stations employ video surveillance, many do not keep the videotape recordings for more than 72 hours; (3) advise the accused to make no statement to the police (more armed robbery cases have been lost because of an admission or confession to the police than any other reason); (4) file motions to prevent the use of certain evidence (e.g. recovered gun described by the armed robbery victim, or victim's credit cards); and (5) prepare for preliminary hearing, where the state's case against the accused will be revealed.

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Preparing for the preliminary hearing is a crucial function of the attorney.  Because armed robbery is a serious offense, carrying a mandatory minimum ten years in prison, bond can only be set by a Superior Court judge.  Typically, when the accused is arrested,  the case is assigned to Magistrate Court, where the preliminary hearing will be conducted.  While the case is in Magistrate Court, no bond can be set by the Magistrate Court judge.  Therefore, the attorney must either file a bond motion in Superior Court and procure a bond hearing date, or persuade the prosecutor to agree to a consent bond.  Why talk about bond, when the preliminary hearing is so crucial?  What is the relationship between the bond and the preliminary hearing?

When the accused is first arrested, everyone wants him out of jail (e.g. mother, father, grandmother, wife, siblings, etc.).  Once the family realizes that there is no bond, and the accused cannot get out of jail, the family, for better or worse, begins to investigate the case.  Where did the armed robbery occur?  Who is the victim?  Who else was present?  Because the family members have no intelligent starting point, they start with the investigating officer or detective.  MISTAKE.  Irrespective of how the police force in the relevant jurisdiction is organized (many have detectives that investigate armed robbery and homicide), armed robbery investigators are typically the most experienced.  They have testified in court.  They know the weaknesses in their cases.  They know how to strengthen an armed robbery  case.  In addition, the law allows them to lie and deceive an accused and his family.  This point bears repeating: The law allows an investigator to lie or deceive an accused and his family.  So, if you add one accused in jail without a bond, to a concerned family trying to investigate the case, and mix in an experienced investigator who is allowed to lie and deceive in order to resolve the case.  You have a recipe for disaster for the accused.

The retained attorney should confer with the investigator, especially if the accused has no information about the armed robbery.  However, the experienced attorney knows that he should not rely on anything the investigator says, until the investigator is sworn in at the preliminary hearing, agrees to tell the truth and provides testimony concerning the facts of the case.  The preliminary hearing is typically scheduled anywhere from seven to twenty days after the arrest.  Conversely, the investigator schedules interviews with the accused within hours of the arrest; and videotapes from surveillance videos are typically retained for 72 hours.  Therefore, the first few hours after the accused is arrested are paramount.

I typically try half a dozen armed robbery cases each calendar year.  Although there are many defenses, I have found there are only a few armed robbery scenarios: (1) stranger-on-stranger, where victim has mistakenly identified the accused; (2) the accused is in the company of one or more individuals, who pulls a gun and robs someone (i.e. a co-defendant will testify against the accused at trial); (3) drug deal, or other criminal activity, gone bad; and (4) accused and victim know one another, and victim is framing accused.

If after reading my cursory review on armed robbery, you believe that I can be of further assistance to you or a loved one accused of armed robbery, do not hesitate to contact me.