June 12, 2025 • Posted In Criminal Defense
You can be charged with armed robbery without using a gun. If you use any form of offensive weapon, or even a replica of one, or pretend to have a weapon, you can be charged with armed robbery. Even if you lead a victim to believe that you have a weapon but are unarmed, the charge applies.
You can find the official definition of armed robbery in Georgia Code §16-8-41. It is an extremely serious crime punishable by death or 10 to 20 years in prison. The primary features of armed robbery are that the victim was led to believe you would use a weapon against them and that you intended to commit theft. To prove a charge of robbery, prosecutors must prove that the robber:
If the victim saw a weapon or was led to believe you had one, then the charge escalates from robbery to armed robbery. Although both robbery and armed robbery are serious charges, armed robbery is considered a more serious offense.
It’s very important to remember that having any instrument you might use to hurt another person qualifies you for a charge of armed robbery if you stole something. Whether it is a gun, a knife, or even a brick, the person who was robbed was convinced that you would use it if they failed to cooperate.
For example, if a person holds someone up and is brandishing a baseball bat, it would be reasonable for the victim to assume that the robber is an armed robber without them using a gun. The victim is still being threatened with a dangerous weapon.
If a reasonable person would believe that you might harm them using a weapon because of your actions during a robbery, the crime would meet the requirements for armed robbery even if you are completely unarmed.
For instance, using the old movie trick, a bank robber points something that is in his pocket at a cashier and tells them to hand over the money in their drawer. The robber is later found to be unarmed. Nevertheless, the appearance of being armed would fulfil the requirements for an armed robbery charge.
Assuming there is no mistaken identity, and you did not have a weapon when you perpetrated a robbery, your lawyer may work to show that a reasonable person would not have believed you were armed.
If they are able to do so, you may still be convicted on the lesser charge of robbery. This means a reduced sentence and a much less serious crime on your record. It also means that you may be eligible for parole.
No matter what your version of events is, even one in which you were nowhere near the scene of the crime, being charged with armed robbery means you need a strong lawyer. Not owning a gun will not be enough to protect you.
If there is no doubt that you committed a robbery, you will need all the help you can get to limit its impact on your life. As noted, it may be possible to show that a less serious charge applies, or there may be mitigating factors that prevent judges from handing down the harshest penalties.
