July 23, 2026 • Posted In Criminal Defense
Under Georgia law, these are each separate crimes with different elements and different penalties. Our Atlanta criminal defense lawyers are ready to represent you, call us today.
Georgia defines robbery in O.C.G.A. § 16-8-40. A person commits robbery when they take property from another person or from their immediate presence by one of three means:
Robbery is a felony punishable by one to 20 years in prison. Incidentally, robbery does not require a weapon. The charge is focused on whether the property was taken through force, fear, or a sudden grab.
When a weapon is involved, the charge becomes armed robbery under O.C.G.A. § 16-8-41. This occurs when a person uses a weapon in the process of taking property from another’s person or immediate presence.
Armed robbery is one of Georgia’s most serious offenses. It is classified as a serious violent felony, which carries a mandatory minimum of 10 years and a maximum of 20 years to life, with no parole during the mandatory portion of the sentence.
Georgia does not have a crime officially called “carjacking.” Instead, the offense is prosecuted as hijacking a motor vehicle under O.C.G.A. § 16-5-44.1. The law divides it into two categories: first-degree and second-degree.
First degree applies when a person utilizes a firearm or weapon to take a motor vehicle from someone or from their presence by force, violence, or intimidation. A first conviction is punishable by 10 to 20 years in prison, with harsher terms for repeat offenses. The sentence cannot be probated or suspended.
Second degree applies when a person takes a motor vehicle from an individual or the immediate presence of an individual without their consent. A first conviction carries one to 10 years, with harsher terms for repeat offenses.
Robbery, armed robbery, and carjacking charges all carry the potential for years or decades in prison. Georgia treats them as violent felonies. These charges can be stacked, and the mandatory minimums can trigger up to a decade or more in prison.
Beyond prison time, a conviction for any of these three offenses leaves a permanent felony record with consequences that last long after a sentence ends. You can lose your right to vote while incarcerated, forfeit your firearm rights, and face barriers to employment, housing, and professional licensing. For non-citizens, a violent felony can also trigger deportation or other serious immigration consequences.
If you are facing robbery, armed robbery or carjacking charges in Georgia, you should contact an experienced criminal defense attorney right away to protect your rights and build a strong defense. Wallack Law offers confidential consultations to help you understand your options.
