FORGOT YOUR DETAILS?

As stated eloquently by Supreme Court Justice Robert Jackson, “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.” 

A criminal defense attorney would be a fool to ever let his client speak to the police. One of the foremost experts, Professor James Duane, lectured upon reasons why people should never talk to the police. Our office is very thankful that he has allowed us to put these ideas on our website and we have included his 45-minute video presentation that explains why a person should never speak to the police under any circumstances whatsoever along with his lecture on: “You Have the Right to Remain Innocent.”  We recommend that you purchase his book “You have the Right to Remain Innocent” as well. We also tell anyone who calls our office to “never talk to the police.”

In our law practice, we comprised some examples of when our clients spoke to the police before retaining our office. It is of our opinion that of all the things that we have placed on our website, if a reader only looks at this one section of our website, then that would be more important than anything else we have posted. NEVER SPEAK TO THE POLICE

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.

I had consent at the beginning to have the property: Recent case law has found that even if you had permission to have custody of the property at the beginning, you could still be guilty of robbery if you forcefully dissuaded the owner from making you return the object. An example of this is if you had permission to borrow a necklace and then when they asked you to return it, you forced them through violence to let you keep it. Even though you had consent at the beginning, it is still robbery because you used force to retain the property.

The victim never saw a weapon: Even if the victim never sees a weapon, a defendant can still be guilty of armed robbery. Since the purpose of using any weapon or device is to create a reasonable apprehension that an offensive weapon is being used, it is immaterial whether the fear is created by seeing or by any other sense, provided the apprehension is reasonable under the circumstances.  An example of this is when a defendant told the victim “do as I say or I’ll blow your head off.” Although the victim never saw the weapon, the statement was enough that the robbery had been accomplished by use of an offensive weapon. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

I didn’t take anything; I just wanted to scare them: If you did not take anything from the victim but instead just used a weapon to scare someone, then you will not guilty of robbery. However, you could still be guilty of assault or battery.

Lack of Intent: Armed robbery requires that the accused take the property with intent to commit theft. If you thought the property was yours or it was a misunderstanding, your actions may not satisfy the requirements of armed robbery. 

Self Defense: Another argument your Georgia Robbery Attorney could make is that you acted in self-defense. While you may have been attempting to take something, you only used a weapon when you began feeling threatened.

Innocence: If you have an alibi or witness testimony that you did not commit the crime, then your Attorney will have a chance of succeeding on an innocence claim.

The taking by force or intimidation was justified: To justify taking property by force of intimidation, the party taking must be the owner of the particular property taken or must be entitled to the possession of the property or lastly, believed in good faith that they were the owner of the property or entitled to the property. 

No weapon was used nor the appearance of a weapon: For the crime of robbery to have been committed, there must be evidence that a weapon or violence or the appearance of a weapon was used during the incident. Any evidence supporting that this was not true would be greatly beneficial. Even if you are still guilty of robbery, it is a lesser sentence than armed robbery. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

In 2006, the Court found a defendant guilty of armed robbery where he threatened the victim with a knife and took money from him. The defendant threatened the man with a knife and then threw the knife on the bed. While the defendant admitted holding a knife in his hand, he argued that since he never harmed the victim, he was not guilty of robbery. The Court found that the defendant’s threats and demands were sufficient to establish the element of intimidation and that he did not have to actually harm the victim to be guilty. By testifying to the threats and holding a knife over him, the victim satisfied the requirements, and the defendant was convicted.

What about words alone?

In another case, in 2008, the Court of Appeals affirmed the conviction of armed robbery of the defendant. The Defendant, Jerome LeMon, went to a party with some friends. While at the party, he held a video camera in the face of girls and would ask them inappropriate questions. The host made LeMon leave, and he got into a car with two other men. While in the car, LeMon became infuriated and started yelling at the two other men. LeMon ordered them to turn over their cell phones, and when they refused, LeMon told them that he had a knife in his pocket, and he was going to stab him in the heart if he didn’t give up his phone. The man gave LeMon the phone, and he threw them on the floor of the car. The Court found him guilty of armed robbery because he threatened the two men with his knife to get them to turn over their cell phones. 

Penalty for Armed Robbery in Georgia

Armed robbery is is a felony conviction in Georgia. The penalties for Armed Robbery in Georgia are very stiff. A conviction of Armed Robbery carries a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release. Prison terms for life are another common penalty for Armed Robbery.

The most severe penalty in Georgia for Armed Robbery is the death penalty.

There are even stricter penalties for Armed Robbery of a Pharmacy. If you rob a pharmacy and steal prescription drugs and also inflict serious bodily injury upon someone during the crime, you will face a prison sentence of no less than fifteen years. You must do at least ten years in prison with no early release program available to you.

If you have a serious violent felony conviction anywhere in the United States, and then you are convicted or another serious felony in Georgia that does not require the death penalty, you will be sentenced to life in prison without parole.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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