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.
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