Georgia Burglary and Robbery

Armed Robbery

Georgia law provides that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.

A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life, or by imprisonment for not less than 10 nor more than 20 years.

Robbery

Georgia law provides that a person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) by use of force; (2) by intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) by sudden snatching.

A person convicted of the offense of robbery shall be punished by imprisonment for not less than 1 nor more than 20 years.

Any person who commits the offense of robbery against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than 5 nor more than 20 years.

Burglary

Georgia law provides that a person commits the offense of burglary when, without authority and with the intent to commit a felony or theft therein, he enters or remains within the dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of the offense of burglary, for the first such offense, shall be punished by imprisonment for not less than 1 nor more than 20 years.

Upon a second conviction for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than 2 nor more than 20 years. Upon a third conviction for the crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than 5 nor more than 20 years. Adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection.

Recent cases:

• Smith v. State - A home under construction constitutes a building as defined by the burglary statute so long as it is capable of providing shelter, even if it is not fully enclosed or secure.
• Ricks v. State - A burglary is complete when a person enters the dwelling of another without authority and with the intent to commit a felony. It does not matter if the defendant actually accomplishes the other felony.
• Mullinix v. State - Georgia law requires evidence of entry, but not breaking and entry, for a burglary charge.
• De Francis v. Manning - Entering a car without authority does not support a burglary charge, unless the vehicle was designed for someone to live inside it (like an RV, camper, etc.).
• Thompson v. State - Burglary requires both entry without authority and the intent to commit a felony.
• Johnson v. State - A cigarette may qualify as an offensive weapon under the armed robbery statute.
• Vicks v.State - A beer bottle, a ceramic statue, a pocketknife, fists, a pillow and sheet, and a flare have all been found to satisfy the offensive weapons requirement for armed robbery.
• McMachren v. State - Armed robbery can be accomplished without pointing the gun at the victim.
• Deans v. State - Robbing a clerk of his/her personal money and money from the business amounts to one offense of armed robbery, not two.

Our criminal defense attorneys have extensive experience in defending serious felony robbery and burglary charges in the metro areas of Atlanta, Athens, Macon, Augusta, Savannah, and in all other Georgia courts. Contact us if you need an Atlanta criminal defense lawyer who has successfully resolved Georgia robbery and burglary cases.

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