Understanding Stalking Charges in Georgia
In the state of Georgia, stalking is a serious crime. What appears to be harmless behavior can deprive you of your freedom even if the alleged victim is a person you love or care for.
Under the Georgia stalking laws, you could be charged with stalking if:
- You contact, follow or place another person under surveillance without that person’s consent with the intention of intimidating or harassing him or her.
- You post or spread (the Internet, radio, TV, newspaper, etc.) information pertaining to the alleged victim in such a way that causes others to harass or intimidate him or her.
- You violate parole or probation terms, or a restraining or court order restricting you from contacting the alleged victim.
Georgia imposes severe penalties for stalking because most people who engage in such behavior have malicious and bad intentions. If you are charged with stalking, you could be facing up to one year in prison and/or fines up to $1,000 for your first offense. For a second offense, you’ll face felony charges and up to 10 years in prison.
You need a strong legal defense if you’re facing stalking charges. With us you’ll receive comprehensive legal representation from a skilled, passionate, and aggressive criminal defense lawyer.
Aggravated stalking is a felony with severe consequences. Contacting a person or having him or her surveilled in such a manner that it violates a protective court order, probation or parole terms can put you in jeopardy of an aggravated stalking charge, which is a felony. Penalties for aggravated stalking include up to 10 years in prison.
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- Published in Criminal, Criminal Defense, Felony
What Does Not Constitute an Acceptable Defense of Armed Robbery in Georgia
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.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Moral Terpitude, Theft
What Constitutes an Acceptable Armed Robbery Defenses in Georgia
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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- Published in Aggravated Felony, Moral Terpitude, Theft
Is a Threat of Harm Alone Sufficient to be Found Guilty of Armed Robbery?
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.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Theft
What Constitutes an Offensive Weapon in Armed Robbery
Georgia Courts have gone back and forth through the years as to what constitutes an offensive weapon as well as if replica or toys can be considered offensive weapons. After years of debating, it has been established that an offensive weapon includes not only weapons which are offensive per se, but also embraces other instrumentalities not normally considered to be offensive in and of themselves but which may be found by a jury likely to produce death or great bodily injury depending on the manner and means of their use.
Weapons that have been found to be offensive per se include a machete, sword, knife, and gun. These have been categorized as offensive per se because they do not have innocent qualities to them. Weapons that have honest qualities to them are things like ordinary razors, or penknives because they have an innocent purpose. The Court decided that hands and feet do not constitute weapons under the armed robbery statute.
The test for other unconventional weapons is whether the manner in which it was used constituted an offensive weapon. Whether an instrument represents a deadly or offensive weapon is one for the jury’s determination. Over the years, a starter pistol, nun chucks, tire tool, screwdriver, pellet gun, and skillet are just some of the things the jury found to be an offensive and/or a deadly weapon.
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- Published in Aggravated Felony, Battery, Criminal, Criminal Defense, Felony
Have you Been Charged with Armed Robbery in Georgia?
If you or a loved one has been charged with Armed Robbery in Georgia, we can help. While robbery is primarily taking the property of another from that person; armed robbery means that you used a weapon during the taking. Armed Robbery is considered a serious violent felony in Georgia. The offense of robbery by intimidation is a lesser-included offense of the crime of armed robbery.
Georgia Law on Armed Robbery
Georgia Code §16-8-41 states 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 have the appearance of such weapon.
Also, there is a new type of Armed Robbery in Georgia, Armed Robbery of a Pharmacy. This category carries stiff penalties and requires a different strategy.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Theft