August 15, 2025 • Posted In Criminal Defense
Armed robbery is one of the most serious theft-related crimes in Georgia, but it is not the same as robbery or burglary. Robbery involves taking property directly from another person through force, intimidation, or sudden snatching, while armed robbery includes the use of a weapon.
Burglary, on the other hand, focuses on entering a building without permission to commit a crime inside, which does not always involve directly confronting a person. Call our Atlanta criminal defense lawyers today for a free consultation.
In Georgia, robbery happens when someone takes property directly from another person using force, intimidation, or sudden snatching. What sets robbery apart from other theft crimes is the direct interaction with the victim during the taking of the property. The focus is on the confrontation and the way the property changes hands.
Robbery charges center on how the property was taken from the victim. Threats, physical violence, or sudden snatching can all meet the definition, even if no weapon is involved.
Penalties for robbery vary based on what happened during the incident. The presence of a weapon, any injuries to the victim, or the vulnerability of the person targeted can all influence the outcome in court.
Under O.C.G.A. § 16-8-41, armed robbery happens when someone commits a robbery while using a weapon or something that appears to be a weapon. Adding a firearm, knife, or other dangerous object makes the offense a more serious felony with harsher penalties than robbery alone.
In Georgia, this distinction matters because it separates a confrontation over property from one where the threat of deadly force is present, and it can apply in situations connected to other crimes such as burglary. Examples of factors that can lead to armed robbery charges include:
Under O.C.G.A. § 16-7-1, burglary involves entering a building or structure without permission and with the intent to commit a crime inside. The intended crime could be theft, but it can also be another felony such as assault or criminal damage to property.
Unlike robbery or armed robbery, burglary does not require a face-to-face confrontation with a victim, which is why it is often handled differently in criminal defense cases.
Prosecutors must show that someone entered a building, dwelling, or other covered structure and intended to commit a crime once inside. The entry does not have to involve breaking in; simply crossing the threshold without permission can meet this element if the intent is proven.
Georgia law separates burglary into first and second degrees. First-degree burglary involves entering a dwelling, such as a home or apartment, while second-degree burglary applies to nonresidential structures like stores, offices, or storage buildings. Sentences can be more severe when the crime involves a home or when other aggravating factors are present.
