Our last robbery blog discussed robbery by sudden snatching, and it is slightly different than robbery by force. Sudden snatching is when an offender is alleged to have stolen something from someone’s person or immediate presence without use of force or threat or intimidation. A key element of this crime is that the victim is aware of the theft before it’s complete.
What is Robbery by Force?
Robbery by force is the same except, of course, the offender uses force to steal something from another’s person or immediate presence. Force doesn’t have to be a violent act causing injury, per se. Think about it as any amount of force beyond snatching, usually resulting when the victim attempts to stop the offender from stealing their property and the offender responds with physical force.
What is Immediate Presence?
Let’s talk about “immediate presence”.
How far does it extend? In Georgia, immediate presence is not limited to within
arm’s length or facing the victim. Georgia case law seems to set the standard
that so long as property is within the victim’s sight at the time of the
robbery, it’s within their immediate presence. (See Perkins v. State, 256 Ga.App. 449, 568 S.E. 2d (2002) and Short v. State, 276 Ga. App 340, 623
S.E. 2d 195 (2005).
If you or someone you know has been
charged with robbery contact our office
today for a free consultation.