By: Mark Issa
October 11, 2013
16-8-41 Armed Robbery
16-8-41. Armed Robbery
(a) 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 having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
(b) A person convicted of the offense of armed robbery shall be punished by death or imprisonment for life or by imprisonment for not less than ten or more than 20 years.
(c) (1) The preceding provisions of this Code section notwithstanding, in any case in which the defendant commits armed robbery and in the course of the commission of the offense such person unlawfully takes a controlled substance from a pharmacy or a wholesale druggist and intentionally inflicts bodily injury upon any person, such facts shall be charged in the indictment or accusation and, if found to be true by the court or if admitted by the defendant, the defendant shall be punished by imprisonment for not less than 15 years.
(d) Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
What does it all mean?
This is perhaps the saddest code section in Georgia. The reason that it is so sad is that the general public has seems to have such a limited knowledge and understanding of it. To begin with, this code section has a 10-year MANDATORY MINIMUM sentence that is required upon conviction. That’s pretty bad, but do you see section (d) there at the end? The references to code sections 17-10-6.1 and 17-10-7? That reference means that whatever sentence imposed by the court must be served without parolefor a total REAL penalty of 10 actual years to, depending on the record of the defendant, LIFE without parole.
The courts in Georgia and the prosecuting attorneys do not “play” with this crime. It is rarely reduced, and the excuse of “I didn’t know” never works. And the statute does not require an actual weapon. Just something that looks like one.
DO NOT commit this crime in Georgia. And if you are charged with this crime, make SURE you have a good lawyer.