Robbery, or "open theft" (Article 178 of the Criminal Code of Georgia), involves the open misappropriation of another person's movable item. This crime differs significantly from theft (secret act) and armed robbery (life-threatening violence). Robbery implies an act where the offender does not hide their intention and seizes the item in the presence of the owner or another person, but without using life-threatening violence (e.g., snatching from hands, grabbing a bag and running). Robbery is considered a serious crime because it contains an element of boldness. Punishment includes fines or imprisonment from 2 to 5 years, and in aggravating circumstances (e.g., with non-life-threatening violence) — up to 8 years. It is critically important for the accused that the act is not qualified as armed robbery (Article 179), which carries a much heavier sentence. The lawyer's task is to precisely distinguish the degree of violence used and protect the client from aggravated qualification.
What does Robbery (Open Theft) Defense cover?
Criminal defense lawyers offer:
- Requalification of the act: Attempting to assess the act not as armed robbery (serious crime), but as robbery or even theft (if the act was intended to be secret and only noticed later).
- Violence degree expertise: Determining whether the violence used was dangerous to life or health. If not, this excludes armed robbery.
- Alibi confirmation: Collecting evidence that the accused was not at the scene (e.g., CCTV footage).
- Monitoring identification procedures: Lawyer's presence during the identification lineup to ensure procedural rules are followed and false identification is avoided.
- Plea agreement: Negotiating with the Prosecutor's Office for a lighter sentence in exchange for compensation for damages.
Common Situations and Scenarios
Robbery charges are often related to:
- Bag snatching: Grabbing a bag from a passerby's hands and running away.
- Phone snatching: Snatching a mobile phone from hands during a conversation.
- Store robbery: Openly taking products in front of the seller (without weapons).
- Robbery with violence: Taking an item by pushing or tripping (but without causing injury).
Georgian Legislation and Legal Framework
Article 178 (Robbery) occupies an intermediate place between Theft (177) and Armed Robbery (179). The main distinguishing feature is the "open" nature. If the offender thought they were acting secretly (but was seen), it is theft. If the offender knew they were being seen and took it anyway — it is robbery. If a knife or weapon was used — it is armed robbery. The lawyer's role is to defend this fine line in favor of the client.
Service Delivery Process
The lawyer reviews testimonies and video footage. The victim's testimony is crucial — how they perceived the threat. If the victim was not injured and there was no threat of a weapon, the lawyer fights for a lighter qualification.
Why choose a specialist on Legal.ge?
In robbery cases, the sentence depends heavily on qualification. On Legal.ge, you will find lawyers who know how to prove that the act was not armed robbery, thereby saving the client from long-term imprisonment.
Updated: ...