There are many ways to get arrested in Atlanta. Most of the time people don’t even know how many laws are on the books and are surprised when they are arrested and booked on a robbery charge. Believe us, we have seen many people falsely arrested on a Atlanta Robbery charge. We we put a list together that we think may help define them.
Larceny Larceny is a crime in which the perpetrator gains possession of a piece of property, but not ownership rights. The larcenist takes possession of the property without permission from the owner, or with permission of the owner but for purposes contrary to that permission. The perpetrator may have asked to borrow a piece of jewelry for some specific event and instead sold that piece of jewelry even though they did not have ownership of that jewelry. The perpetrator did have permission to possess the jewelry, but only for a certain period of time. They were also expected to return the jewelry.
False Pretenses False pretense involve an individual that obtains ownership rights to property by taking place in an act of fraud. Crimes of false pretense often involve an act of deception that directly results in an individual giving up the ownership rights to a piece of property as a direct result of that act of deception.
Piracy Copyright infringement is very common. Many times, the perpetrators will violate a copyright in order to make copies of artistic material in order to sell those copies and make a profit.
Other more serious crimes that most people are aware of are:
Armed Robbery Armed robbery is generally the charge against a perpetrator that utilizes a weapon during the commission of a robbery. Robbery is the taking of property through the use of force, or threat of force. Armed robbers use a weapon to gain victim compliance.
Aggravated Robbery Aggravated robbery involves a perpetrator taking property from the person that has possession rights to the property while using force or threatening the use of force.
There are several defenses against robbery charges. As a Former Prosecutor, we understand how the state will come at you on any one of these charges.
•Affirmative Defense: An affirmative defense is where one of the elements of robbery cannot be proved. For example, if the defendant did not intend to “permanently deprive” the person of their property (i.e., they planned to return it later), it can serve as an affirmative defense.
•Lack of Evidence: As in any criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt”. If the prosecution cannot supply reliable evidence, the defendant cannot be found guilty. Common examples of this are where the defendant’s whereabouts at the time of the crime can’t be determined.
•“True Owner” Defense: It may be a defense if the defendant believed that they were the true owner of the personal property that they took. Again, issue of the use of force must be dealt with- this defense will work best if the other party initiated an act of violence against the defendant.
•Intoxication: If the defendant was intoxicated to the point where they could not form the required intent, it will serve as a defense. This is true even if the defendant was voluntarily drunk or intoxicated.
•Duress: Duress is where the defendant was forced to commit the crime under threats of serious physical injury or death. This is a difficult defense to prove, since the defendant will usually have a sufficient amount of time to avoid committing the robbery
If you have been arrested on a Atlanta Robbery charge, don’t go at this alone. Contact the Howard Law Group so you can have the proper defense you deserve.