Under Georgia law, robbery occurs when a person, with the intent to commit theft, takes the property of another from another or in the immediate presence of another by use of force, sudden snatching, intimidation, use of threat or coercion, or by placing a person in fear of immediate serious bodily injury to himself or another person. An item that was taken does not need to have been in actual contact with the victim's body. The item simply needs to be under the victim's control or responsibility and not too distant from the victim. A conviction will result in a one to 20 year sentence. Additionally, if the victim was 65 years or older, the defendant will be sentenced to between 5 and 20 years. The judge is also required to force the defendant to make restitution to any victim equal to the uncompensated portion of damages.

The more severe crime of armed robbery is committed when a person intends to commit a theft and takes property from another 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. An offensive weapon is essentially anything that is likely to produce death or great bodily injury. Even the use of a toy replica of a weapon may be sufficient to convict someone of armed robbery. A conviction will result in a mandatory minimum of 10 years with the possibility of up to 20 years or life in prison. If the armed robbery occurs at a pharmacy in which the person takes a controlled substance and intentionally inflicts bodily injury upon any person, a conviction will result in a sentence of at least 15 years.

Georgia also makes it a separate offense for a person to possess or use a machinegun, sawed-off shotgun, sawed-off rifle, or a silencer-equipped firearm during the commission of a robbery. A conviction requires a sentence of 10 years which will run consecutively to any other sentences. A second offense will result in life imprisonment.

The crime of burglary generally occurs when a person enters or remains within a building or structure without authority and with the intent of committing a felony or theft therein. It is important to note that forced entry is not an element of burglary. Intent to commit a felony or theft inside the home or structure may be inferred simply by the presence of valuables inside, and no items need to have been actually taken for a conviction. A conviction will result in a 1 to 20 year sentence. A second conviction carries a 2 to 20 year sentence. A third offense requires a 5 to 20 year sentence.

A charge similar to burglary is criminal trespass. However, criminal trespass is only a misdemeanor and often results from a reduced burglary charge. Criminal trespass may be committed in a variety of ways including when a person knowingly and without authority enters upon the land or premises of another for an unlawful purpose. This crime can also be charged when a person enters upon the land or premises of another after being given notice by the owner that such entry is forbidden, or remains upon the land or premises after being told to leave. Criminal trespass is also committed when a person intentionally damages property without consent that is valued at $500 or less. Similarly, this crime can be charged when a person knowingly and maliciously interferes with the possession or use of the property of another without consent.

A criminal defense attorney has many options in defending allegations of a robbery or burglary. Of course, the state must prove every element of the crime as charged. There can be no conviction if the state cannot prove every element beyond a reasonable doubt. For instance, robbery requires several elements including the intent to commit theft. If there is no evidence of this intent, there generally can be no conviction.

Georgia also provides for two affirmative defenses to the crime of burglary. The first is that the defendant was authorized to be in the building or was authorized to enter the building. Any conflict in testimony between the defendant and the alleged victim is generally a question of credibility for the jury to resolve. The second affirmative defense is to argue a mistake of fact.

Many other potential defenses are available to a defendant accused of robbery or burglary. If you have been charged with one of these offenses, you need an experienced Georgia attorney who will defend your legal rights. Our firm has successfully represented clients charged with robbery and burglary and may be able to help.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.