I am pleased to report that jury trials are continuing to go forward in Fayette and Spalding Counties. We are also set to begin trials in Pike and Upson Counties this month. Since my last column, our office in Fayette County has tried three cases, including a burglary that resulted in a conviction. As you may recall, we have focused on "smaller" cases" in this first round of jury trials, so that any issues raised by COVID would be diminished. We fully expect to go forward with prosecuting some of the "larger'" cases that involve potential life sentences in the next round of trials scheduled for this week. I am very pleased with the hard work of my Assistant District Attorneys to bring these cases to trial, along with the professionalism and conscientious efforts of defense attorneys, the Clerk's Office, and our Judges. Most importantly, jurors have answered the call and performed their civic duty. Their service is commendable.
I wanted to take this opportunity to discuss some confusion surrounding how the law defines "burglary," "robbery," and "theft." In layman's terms, a burglary is when someone enters a home or business, when no one is present, to steal something. For example, the case that we tried in Fayette County last week involved a person who broke into a business in the middle of the night. The jury convicted, and because of prior convictions, this defendant was sentenced to 10 years with the first 9 years to be served in prison. The last year of his sentence will be spent on probation. The maximum is 10 years in prison.
A robbery is where someone uses force to take an item from someone's person and, when a weapon is used, the offense is known as "armed robbery." In Georgia, you can face up to life in prison for armed robbery. Robbery by snatching and robbery by force carry lesser sentences.
Finally, the offense of "theft" has many different variations under Georgia law. For example, the law prohibits theft "by deception," which is where someone uses a lie to take property from someone. Other examples include theft by shoplifting, theft by receiving stolen property, and theft of livestock. The gist of these offenses is that force is not used to take something from someone else.
There is certainly more to know about each of these laws, but I hope I can shed some light on what these terms mean and encourage you not to try any of them! Until next time, stay safe and be kind to one another!
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