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A Florida Woman, a Toy Gun, and a Postal Worker. Possible Charges Include Armed Robbery?

Posted by Ryan Brown | Dec 28, 2018 | 0 Comments

WFLA out of Florida is reporting that a florida woman held a postal worker up with a toy gun, demanded a package off of the mail truck, and then fled on a tricycle. 

We are going to take a look at what charges someone in Georgia could face if they committed the same act. There are two charges that are most likely to be seen brought by prosecutors here. 

1. Armed Robbery

At first, your response may be, "she didn't even have a real gun!" How can someone face a minimum of ten years in prison (without parole) for using a toy gun!?

Let's take a look at O.C.G.A. § 16-8-41(a): 

A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.

As you can see Georgia law permits prosecutors to bring armed robbery charges against someone who takes the property from another using something that looks like an offensive weapon. In this situation, the mailman certainly thought that the woman had a firearm. 

Additionally, she took a package from the mail truck. With those two facts prosecutors are going to have good evidence that an armed robbery occurred. 

2. Aggravated Assault

Aggravated assault occurs when a person commits the offense of aggravated assault when he or she assaults with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. 

This is a toy gun though! In the eyes of the law, as long as the "weapon" used reasonably appeared to the victim to be a deadly weapon then the defendant can be convicted of aggravated assault regardless of whether a real weapon was used or not. This has been the case for a long time. An example of this from the mid-90s occurred here locally in Meriwether County where the defendants were convicted of aggravated assault after using a pellet gun. 

So, this woman, if she robbed the postal worker here in Georgia with a toy gun could face life + 20 years in prison. 

About the Author

Ryan Brown

Ryan Brown has always hated bullies. Growing up, Ryan took on bullies, fighting for those who needed his help. His parents always told him, "Never start a fight, but always defend yourself." When a prosecutor brings charges against you, they have picked a legal fight. You must defend yourself. P...

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Ryan Brown represents clients throughout the state. He primarily serves the following counties: Coweta, Carroll, Heard, Meriwether, Troup, Douglas, Haralson, Cobb, Paulding, Floyd, Fayette, Henry, Macon-Bibb, Fulton, Muscogee, Monroe, Polk, Spalding, Pike, Lamar, Upson, Butts, Walton, Newton, and Rockdale.

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