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My friend went into a gas station that has video poker

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machines he was trying to...
my friend went into a gas station that has video poker machines he was trying to break into the machine to get money but was unable to. the gas station attendant called the police and he was arrested and charged with robbery. is that considered robbery??
Submitted: 2 years ago.Category: Criminal Law
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Answered in 9 minutes by:
1/21/2016
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
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Good evening:

My name is ***** ***** I would be happy to provide general information regarding your question. First, I am sorry to hear about the situation your friend is in.

Under O.C.G.A. 16-8-40, robbery is the taking of property by using force. However, the taking of the property must be from a person. Here is a link to the full law regarding robbery: http://law.justia.com/codes/georgia/2010/title-16/chapter-8/article-2/16-8-40

Under the law, a business is considered a "person." This is important because video poker machines are usually owned by a business. Thus, under the law, the taking of property, by force, from a business (which under the law is considered a "person") does indeed constitute robbery.

That being said, the possible sentence would usually be much less severe when taken from a business as opposed to an actual human person.

Do you have any questions based on this? If so, please feel free to ask and I would be happy to continue assisting.

If not, please do not forget to click ACCEPT and RATE my assistance positively as that is the only way experts can obtain credit for helping customers. Thank you!

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Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Please remember to click ACCEPT if I have sufficiently assisted you. If not, please ask questions so I may continue helping. Thank you.

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