Armed Robbery
Armed Robbery


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Armed Robbery

Don’t face this complex process alone, instead hire an experienced criminal defense attorney

Robbery alone is a serious crime that carries hefty penalties in the state of Georgia. When the crime involves the use of a weapon such as a knife or gun, the consequences can be even more severe.  Armed robbery involves taking items of value away from another person, without his/her knowledge or consent, and leads the victim to believe that he/she is in danger of injury or even death. When you have been charged with armed robbery you may find it difficult to understand all the paperwork and legal proceedings to follow. Don’t face this complex process alone, instead hire an experienced Georgia criminal defense attorney.

Ben F. Windham, P.C. has years of experience representing clients facing armed robbery charges throughout DeKalb, Forsynth, Fulton, Glynn, and Gwinnett counties, and he is here to protect your rights during this legal process. The consequences of armed robbery are severe and can include imprisonment, hefty fines, a damaged reputation, and permanent changes to your criminal record. With so much on the line, it is imperative to hire an attorney who has worked on cases similar to yours and can advocate for you both in and out of the courtroom.

If you have been charged with armed robbery, turn to Ben F. Windham, P.C. for tenacious legal counsel and representation. Contact his office today to request your free consultation.

Atlanta Armed Robbery Lawyer

Facing an armed robbery charge in Atlanta can be incredibly overwhelming, especially due to the impact of a felony conviction and the need for a criminal defense attorney against the prosecutor. We understand this struggle all too well from our extensive experience with such cases. Armed robberies, involving weapons, often result in severe penalties, including a minimum sentence of 10 years in prison and potentially even the death penalty.

This page aims to guide you through understanding the charges, exploring potential defenses, and highlighting how an experienced lawyer can help. Keep reading for essential advice that could make a significant difference in your case.

Understanding Armed Robbery in Atlanta

Armed robbery involves stealing from someone using a weapon. This crime against property is more severe than other thefts because of the threat or use of violence.

Definition of Armed Robbery

Armed robbery means taking someone’s property by force or threat while having a weapon. This could be a real gun, knife, or even something that looks like a weapon. According to OCGA §16-8-40, the crime involves using this weapon to scare or harm another person during the theft.

This is different from other property thefts because it includes violence or intimidation with a weapon. While simple theft might involve stealing property without direct confrontation, armed robbery always has an element of danger and fear.

Distinction from Other Thefts

Armed robbery differs from other thefts in several key ways involving property. Unlike simple theft, it involves using or pretending to use a weapon. Even fake guns or hidden hands in jackets count as armed robbery.

This added threat makes the crime more serious and dangerous.

Regular theft might involve stealing without anyone’s knowledge, like shoplifting or pickpocketing. Armed robberies are confrontational and often violent. These acts can take place during home invasions or bank heists, creating fear among victims and witnesses.

The use of force sets these crimes apart, leading to harsher penalties for offenders—sometimes even life imprisonment.

Penalties for Armed Robbery in Atlanta

Penalties for armed robbery in Atlanta are severe. Convictions can lead to long prison sentences and heavy fines.

Consequences of Conviction

A conviction for armed robbery in Atlanta carries severe consequences. If convicted, you face a minimum of 10 years to a maximum of 20 years in prison. For a second conviction, the punishment can be life without the possibility of parole.

The death penalty is also on the table depending on specific case factors.

Such penalties are tough because armed robbery is considered a violent crime and felony offense. Judges and juries take these cases seriously due to the involvement of weapons and potential harm to victims.

“Life behind bars changes everything,” they say, making it crucial to seek strong legal defense.

Differences in Penalties for Federal vs. State Charges

Federal charges for armed robbery come with very strict penalties. In a recent case, a federal judge sentenced individuals to 39 and 72 years in prison. These harsh sentences aim to deter such crimes across state lines.

Federal laws cover many types of armed robberies, including bank robbery.

State charges in Georgia are also severe but can vary more widely. Convictions often result in life imprisonment or long-term jail time based on the crime’s details and the court‘s decision.

Armed robbers face significant repercussions whether charged at the state or federal level—both lead to serious consequences that require robust legal defense strategies like those offered by an experienced criminal lawyer.

Legal Defenses Against Armed Robbery Charges

We can challenge the evidence presented by the police. Officers often rely on eyewitness testimony, which may be flawed.

Challenging the Evidence

Police make mistakes. Evidence can be faulty or collected wrong. Our defense attorney will suppress evidence if police broke rules while gathering it. They may find procedural violations, which can reduce or dismiss charges.

We also question eyewitness testimony and forensic reports. Mistaken identity happens often in these cases. By showing doubts, we aim to prove reasonable doubt to a jury—not guilty means freedom for our client.

Claiming Mistaken Identity

Sometimes, people get accused of armed robbery by mistake. We can argue that the accused was not at the scene or did not commit the crime. Identifying marks and witness testimonies are crucial here.

Eyewitnesses might make errors, leading to wrong accusations.

We work hard to show that our client is actually innocent due to mistaken identity. Using alibis, surveillance footage, and expert witnesses helps prove this point in court. Jurors need clear evidence beyond a reasonable doubt before convicting someone.

Thus, showing these mistakes can protect our clients from unjust penalties like life in prison without parole.

Asserting Lack of Intent

We can argue that there was no intent to use the weapon. This means we show that the robber never meant to harm anyone. For example, if someone carries a toy gun, it can’t be real intent.

Intent is key in proving guilt.

Many factors help us prove lack of intent. We look at behavior and words during the robbery. Did they threaten or hurt anyone? If not, it supports our case for mistaken intent. Each detail matters in showing actual innocence beyond a reasonable doubt.

Role of an Atlanta Armed Robbery Lawyer

An Atlanta armed robbery lawyer will evaluate your case and develop a strong strategy. They represent you in court, ensuring your rights are protected.

Case Evaluation and Strategy Development

We start by evaluating the case thoroughly. We look at all details and evidence. Our goal is to find any weaknesses in the prosecution’s claims. It’s crucial to understand exactly what happened during the alleged armed robbery.

Next, we develop a strategy based on our findings. This plan is specific to each case. It guides how we defend against the charges in court or through plea deals if needed. Our focus remains on protecting rights of the accused and aiming for a favorable outcome in criminal court.

Representation in Court

In court, we defend your rights with determination. Armed robbery is a serious charge. A good criminal defense attorney can make a big difference. Ben F. Windham has spent thousands of hours in court.

His experience helps us build strong cases for our clients.

We present facts clearly and challenge the evidence against you. This includes questioning witness statements and police reports. Our goal is to cast doubt on the prosecution’s case, aiming for not-guilty verdicts or reduced sentenceslike probation instead of jail time.

Negotiating Plea Deals

We can often help negotiate plea deals for our clients. This means we aim to get reduced sentences or lesser charges. Defense attorneys meet with county prosecutors to discuss options.

In many cases, this strategy can avoid a lengthy trial and hefty penalties.

Plea deals might include pleading guilty to a lesser offense like misdemeanor robbery instead of felony armed robbery. The goal is always fewer years in jail or probation instead of harsh penalties like life without the possibility of parole.

FAQs About Armed Robbery Legal Proceedings in Atlanta

Introduction to Atlanta Armed Robbery Legal Representation at Ben F. Windham P.C.

We are the team at Ben F. Windham P.C., ready to help those facing armed robbery charges in Atlanta… Our experienced lawyers know the ins and outs of these cases. We work hard to protect your rights and fight for a fair outcome.

Understanding Armed Robbery in Atlanta

Armed robbery is taking something from someone using force or threats with a weapon… It’s different from theft because it involves violence or fear… This crime is treated more seriously due to its violent nature.

Penalties for Armed Robbery in Atlanta

The penalties for armed robbery are severe… If convicted, one might face long jail time, hefty fines, or even life without parole. Federal charges often carry stricter penalties compared to state charges.

Legal Defenses Against Armed Robbery Charges

Our defense tactics may include challenging evidence presented against you… We can argue mistaken identity if there’s confusion about who committed the crime….

Common Questions About Charges and Trials

Facing armed robbery charges can be scary. Some people ask if they need to plead guilty even if innocent. No, you don’t. The law states you’re innocent until proven guilty beyond a reasonable doubt.

Others wonder about the length of jail sentences for armed robberies in Georgia. Convictions often lead to harsh penalties like life without the possibility of parole, especially for aggravated robbery.

It’s crucial to have a strong defense lawyer who knows how to handle felony crimes and aims to get the best possible outcome in courtrooms in places like Dekalb County and Cherokee County.

Understanding Legal Rights and Options

Knowing your legal rights is crucial if you’re accused of armed robbery. We must understand that everyone has the right to a fair trial. Hiring criminal defense attorneys can help protect these rights.

Attorneys work hard to challenge evidence and assert defenses like mistaken identity or lack of intent. They aim to get charges dismissed or reduced. Seeking expert legal advice immediately increases your chances in court against serious felonies, including armed robberies.

Hiring an Atlanta Armed Robbery Lawyer

An experienced lawyer can make a big difference in your case.

Benefits of Experienced Legal Representation

Experieced legal representation can change the outcome of armed robbery cases. Strong attorneys, like those at Ben F. Windham P.C., know local laws and courts in Fulton County, Cobb County, and beyond.

They challenge weak evidence and reveal mistakes in police work.

Our criminal defense lawyers negotiate better plea deals when needed. This minimizes penalties or even gets charges dropped for mistaken identity or lack of intent. Aggressive advocacy with extensive criminal defense experience wins tough battles—saving clients from life sentences without parole.

How to Choose the Right Lawyer

The benefits of experienced legal representation are clear, but choosing the right lawyer can be tricky. Here’s how to find the best Atlanta Armed Robbery Lawyer:

  1. Check Legal Experience

    Ensure the lawyer has experience in armed robbery cases. Look for a history of handling criminal records and charges like robbery, conspiracy, and use of an offensive weapon.

  2. Verify Specialization

    Confirm that they specialize in criminal defense. Not all lawyers have the same focus; some might handle different areas like rape or theft.

  3. Consultation Availability

    Find a lawyer who offers free consultations. This helps you understand their approach without financial risk upfront.

  4. Payment Plans

    Opt for lawyers who offer payment plans. It makes legal services more accessible if you’re facing financial strain.

  5. Personalized Attention

    Prioritize those who provide personalized attention to your case instead of treating you like just another client.

  6. Location Convenience

    Choose one based near your area for easy meetings—consider places like Johns Creek, Roswell, Sandy Springs, and Dunwoody.

  7. Success Record

    Look at their success rate with cases similar to yours. Winning cases shows skill and reliability in courtrooms.

  8. Client Reviews

    Read reviews from past clients about their experiences and outcomes related to motions filed, acquitted results, or sentences reduced.

  9. Clear Communication

    Pick someone who communicates clearly about your rights, options, and possible outcomes like life without the possibility of parole.

  10. Trust Factor

    Trust is crucial in an attorney-client relationship—trustworthy lawyers will prepare thoroughly to prove beyond reasonable doubt your innocence or reduce penalties.

Follow these steps to ensure you choose the best representation for your armed robbery case in Atlanta.


Hiring an Atlanta armed robbery lawyer is crucial if you’re facing charges. Legal experts can make a big difference in your case. They evaluate evidence and build strong defenses. An experienced attorney fights for your rights and aims for the best outcome possible.

Reach out to our skilled lawyers— we know how to handle these serious cases effectively.


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