Robbery Defense in Atlanta
Direct Defense from Former Federal Prosecutors
We defend people facing robbery allegations in Atlanta, where an early review of the charge and evidence can shape the defense strategy. At Nick Lotito & Seth Kirschenbaum, Nick Lotito and Seth Kirschenbaum draw on more than 60 years of combined criminal defense experience in Georgia state and federal courts. As former federal prosecutors, they understand how the government evaluates evidence and prepares a criminal case.
Every client works directly with senior attorneys rather than being handed off to associates or paralegals. We examine the allegations, explain the legal process, and build the defense around the facts of the case.
Call (404) 471-3177 for a free initial consultation about an Atlanta robbery charge.
Georgia Robbery Offenses & Penalties
Under O.C.G.A. § 16-8-40, robbery requires an intent to commit theft and the taking of property from another person or that person’s immediate presence. The alleged taking may involve force, intimidation, threats, coercion, fear of immediate serious bodily injury, or sudden snatching.
Georgia law defines the offenses and sentencing ranges according to the alleged conduct:
- Robbery: A conviction carries a prison sentence of one to 20 years.
- Robbery of an older adult: If the alleged victim is at least 65 years old, the sentencing range is five to 20 years in prison.
- Armed robbery: O.C.G.A. § 16-8-41 applies when property is allegedly taken through an offensive weapon or an object that appears to be one. The statute authorizes death, life imprisonment, or a prison sentence of 10 to 20 years.
Robbery by intimidation is a lesser included offense, meaning its legal elements are contained within the more serious charge. The applicable offense depends on what the evidence shows about the alleged weapon, statements, conduct, and manner of taking.
How We Evaluate the Evidence
We handle robbery cases and other theft-related offenses by testing the prosecution’s account against the available evidence. Mistaken identity and insufficient evidence may become central issues when an accusation depends on a brief encounter, disputed identification, or incomplete recording.
Our evaluation may address:
- Police reports: We compare recorded allegations with other evidence and documented events.
- Witness statements: We examine descriptions, identification procedures, changing accounts, and internal inconsistencies.
- Surveillance evidence: We review available video for image quality, timing, context, and whether it supports the claimed identification.
- Law enforcement records: We assess investigative materials for reliability, omissions, and conflicts with witness or video evidence.
Whether a charge can be reduced or resolved without trial depends on the evidence, the allegations, and decisions made as the case progresses. Our documented results include an acquittal in a multiple armed robbery case and reduced charges in a separate armed robbery conviction matter. Prior results don’t determine what can happen in another case, so we evaluate each accusation on its own record.
The Felony Court Process in Atlanta
Felony robbery cases arising in Atlanta proceed in the Superior Court with jurisdiction over the matter. A felony case typically requires a grand jury indictment, a formal accusation approved by a grand jury, before it can proceed to trial.
After an arrest, we review the allegations, charging documents, available evidence, bond status, and upcoming court dates. We’re familiar with proceedings in Fulton County, the Fulton County Courthouse, and courts across the broader Atlanta metro. We also have established relationships with local prosecutors and judges. Those relationships don’t decide a case, but familiarity with the participants and process informs careful preparation at each stage.
Get a Focused Review of the Robbery Charge
During a free initial consultation, we discuss the accusation, the current procedural posture, and the immediate decisions ahead. Our contact form provides another way to reach us.
Call (404) 471-3177 to speak with Nick Lotito & Seth Kirschenbaum about robbery defense in Atlanta.
Client Testimonials
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- Previous Client
When I found myself facing multiple federal charges, I honestly thought my life was over. I was woken out of my sleep while lying next to my newborn at 5AM when they came to arrest me. It turned my world upside down. After looking at the Statistics, the probability of getting a dismissal in a federal case is around 5% and acquittal even lower, I felt hopeless.
From the moment I began working with Mr. Lotito, everything changed. He is not only incredibly knowledgeable and strategic, but truly one of the most compassionate, dedicated, and genuine professionals I have ever met. We talked about my situation for over an hour and then he invited me to his home to meet me in person. We spent hours discussing my case. Throughout the whole process I felt that he believed in me and it felt good to know he listened to my story. Other lawyers I spoke with immediately sent me retainer invoices before truly taking the time to listen.
His level of expertise is unmatched, but what sets him apart even more is how deeply he cares. He treated me with dignity, patience, and KINDNESS every step of the way. He kept me calm throughout the entire process and checked in with me regularly, which meant more than I can even explain.
After nearly two years of fighting, he was able to secure pretrial diversion for me, an outcome that will ultimately lead to a full dismissal. When you understand how rare that is, it speaks volumes about who he is and how hard he fights for his clients.
The moment I went to sign my diversion paperwork, he gave me a big hug, and I broke down crying tears of joy and relief.
I am so incredibly thankful for him and everything he has done.
If you are looking for an attorney who will fight relentlessly for you, stand by you, and truly care, I cannot recommend him highly enough.
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- Lyndon B.
I want to extend my sincerest gratitude for your outstanding work on my case. From the very beginning, you approached my situation with professionalism, empathy, and a strategic precision that was truly remarkable. I felt confident and supported every step of the way, knowing I had someone as knowledgeable and dedicated as you advocating on my behalf.
Your exceptional service has made a profound difference in my life, and I cannot thank you enough for the results you achieved. I will always remember your guidance, integrity, and skill with the deepest appreciation.
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- Former Client
I would like to express my sincere gratitude to Nick Lotito and Greg Clement for their outstanding legal support. Throughout a very difficult time for my family and me, Nick and Greg were not only attentive but also demonstrated exceptional initiative and attention to detail. Nick, in particular, was incredibly knowledgeable and showed tremendous forethought in handling my case. Their thoughtfulness and thoroughness provided much-needed peace of mind, and I truly appreciate their unwavering support.
I highly recommend Nick and Greg to anyone seeking reliable, compassionate, and professional legal representation.
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“If you need a lawyer who will represent you and your best interest, will listen to you, empathize with your situation, and carefully execute a game plan based on the situation. Nick Lotito will be the best choice if your life is dependent on it.”- Mark M.
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“I would recommend Seth without hesitation.”- James
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Thank You Nick, For Justice! The state of Georgia indicted me on two counts of Racketeering that I did not commit. Nick defended me with dedication, caring, and skillfulness in interacting with all parties involved. Against almost insurmountable odds, he was able to get my case dismissed. I will be eternally grateful for all he has done for me. I consider him a superb criminal defense attorney and also call him my friend!- Harley
Our Results
When Experience Produces Results
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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ACQUITTED Aggravated Assault
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VACATED Aggravated Assault & Battery
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REDUCED CHARGES Armed Robbery Conviction
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DISMISSED Chop Shop & Possession of Vehicles w/ Altered Vin
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ACQUITTED Conspiracy to Distribute
