What is the sentence for armed robbery or robbery by intimidation in Georgia?
Armed robbery is a felony in Georgia. The offense is committed when someone takes another’s property, from that person or from an area within the person’s immediate control, using an offensive weapon. The defendant must have intended to take the property, and a “weapon” may include any item or device that appears to be a weapon (such as a toy gun).
Robbery by intimidation can be a “lesser included” offense of armed robbery. This crime occurs when someone takes another’s property by the use of coercion, threats, or fear. For example, holding one’s fists under a jacket can constitute intimidation, if the victim’s response concerning his safety is one that a normal person would experience.
Defendants are not entitled to have juries consider the offense of robbery by intimidation every time they are charged with armed robbery, despite its description as a “lesser included offense.” When there is no evidence that the crime was conducted with anything other than a weapon, a jury instruction for robbery by intimidation is not appropriate.
The sentence for armed robbery is death or imprisonment for a minimum of ten to a maximum of 20 years.
(Ga. Code Section 16-8-41.)
Georgia imposes specific penalties on defendants who take a controlled substance or a precursor from a pharmacy or wholesale druggist (see Schedule I through Schedule V in Ga. Code Sections 16-13-25 through 16-13-29). If the defendant intentionally injures anyone during the commission of the crime, the minimum punishment is 15 years.
By law in Georgia, a judge may not grant probation, stay or suspend a sentence, or defer the sentence or withhold it. Nor may the sentence by reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. A defendant is also not eligible for lenient sentencing under the First Offender Act.
(Ga. Code Section 17-10-6.1.)
Defendants who have a prior felony conviction in Georgia and who served time in prison for the offense (or those with an out-of-state conviction for a crime that would be a felony in Georgia, had it been committed there) must be given a sentence of life without parole.
(Ga. Code Section 17-10-7.)