Is It Robbery or Something Else?

Treadaway & Treadaway April 22, 2019

Georgia Statutes state that if you take property from another person or while that person is in your immediate presence, whether by using force, because you intimidated the person, coerced the person or you snatched the property, you may be charged with robbery. Additionally, if you put the person in fear of his or her life or of receiving serious bodily injury, you could also be charged with robbery.

If you suddenly snatch someone’s property, the property doesn’t have to be on the victim’s person. All that is required is that the victim be in the vicinity of the property. You don’t have to force or intimidate the victim in order to be charged with robbery. In fact, the victim could even be in the next room, depending on the circumstances.

Case law has been published to define “immediate presence.” While the court doesn’t give a specific distance, Perkins v. State, 256 Ga. App. 449, 568 S.E.2d 601 (2002) used the term “immediate presence,” agreeing with Bryant v. State, 213 Ga. App. 301, 302, 444 S.E.2d 391 (1994). Bryant defined immediate presence as “within a distance, not easily defined, over which the influence of the personal presence extends.”

Penalty for Georgia Robbery

Robbery is a felony under Georgia law. If convicted, you could receive a prison term of 1 to 20 years. If you have been accused of robbing an elderly person—someone who is 65 years old or older—the minimum jail sentence is 5 years. The maximum is 20 years.

Because the penalties are harsh and because the law has a very loose definition of robbery (in some circumstances), it is imperative that you contact a Georgia criminal law attorney if you have been accused of or arrested for robbery.

Contact a Georgia Criminal Attorney

If you have been accused of robbery, contact our Georgia criminal attorney before you speak to the police or appear in court.