Criminal Law

There is a point system for traffic violations in Georgia, ranging from possessing an alcoholic beverage while driving (2 points) to passing a school bus (6 points) or exceeding the speed limit by 34 mph or more (6 points). Don’t take a chance on defending yourself, a lawyer can make you aware of your rights and help minimize your points.

Aggravated assault and battery are serious allegations covering acts such as physically attacking a person, threatening to cause bodily harm, assaulting with a deadly weapon, and intent to commit battery. Simple assault, an attempt to inflict injury on another, is a misdemeanor that carries a maximum of one year incarceration and/or a $1,000 fine. Aggravated assault carries a broad range of serious consequences depending on the specifics: for instance, assault against a police officer can mean five to twenty years in prison.

Where someone enters a home without authority but WITHOUT committing a theft or felony, the offender is, at worst, guilty of “criminal trespass,” a misdemeanor. If the offender entered and took property, the offense becomes a burglary, and the offender could be tried and sentenced on both the burglary and the theft. Burglary is a felony, and the theft could also be prosecuted as a felony or a misdemeanor depending on the value of the items taken.

If a person has touched you intending harm, intimidation, or restraint to your body, you should report it to the police. Victims of domestic violence can obtain a temporary restraining order, and the courts can decide custody and child support issues. For those wrongfully accused, your defense attorney can fight false allegations; for those in danger, your attorney can help you obtain a temporary restraining order. Domestic violence is a pattern of abusive behavior by one or both partners in an intimate relationship, and depending on severity and duration, it may or may not constitute a crime.

Drug crimes involve the abuse or use of substances such as marijuana, cocaine, amphetamines, morphine, heroin, or prescription drugs, in the form of using, possessing, distributing, or manufacturing such drugs. Convictions can carry long prison terms and high fines. By identifying the underlying causes of an arrest, including drug abuse and addiction, your attorney can help protect your legal rights.

Felonies include battery, arson, burglary, aggravated assault (using a deadly weapon), grand theft, robbery, murder, rape, and more. Felonies carry the strongest penalties and are more severe than misdemeanors or infractions. Convicted felons may be prohibited from certain occupations and from owning guns, and sex offenders must register as such.

Juvenile crimes are illegal or antisocial behavior committed by adolescents under the age of 18, such as vandalism, gang activity, assault and battery, underage drinking, and theft. There are many reasons juveniles enter into risky, criminal activity, including family factors, untreated mental disorders, and high impulsiveness. A defense attorney can help someone charged with such crimes and assist them in earning a second chance.

A misdemeanor is a less severe criminal act, normally punished less than felonies but more than infractions. Most misdemeanors are punishable with monetary fines. Examples include public intoxication, disorderly conduct, vandalism, trespass, drug possession, reckless driving, and petty theft.

Property crimes include shoplifting, petty or grand larceny, bouncing or forging checks, burglary, embezzlement or employee theft, auto theft, receiving stolen goods, criminal trespass, criminal damage to property, arson, and vandalism. Property crimes do not involve force or the threat of force against a victim, but a strong defense is crucial when handling such allegations.

Robbery is forcibly taking something of value, putting the victim in fear for their life. Robbery carries a sentence of at least one but not more than 20 years. Whether you have been arrested for robbery or are the victim of a robbery, you need a lawyer to help defend your rights.

A defendant charged with a sex crime has been charged with a sexual offense, which may include assault, rape, child molestation, pornography, or indecent exposure. Upon accusation, it is extremely important to contact a defense attorney to avoid costly mistakes, such as prematurely giving information to friends or family. The consequences of being labeled a sex offender in Georgia extend well beyond prison time, including registration and public-notification requirements.

Theft crimes are the illegal taking of another person’s property without their consent. Under Georgia shoplifting laws, a conviction for items valued under $300 carries a misdemeanor charge with up to one year in prison and up to $1,000 in fines, with punishments increasing for subsequent offenses. If the value of the items is over $300, the charge becomes a felony, carrying one to ten years in prison.

White collar crimes are the act of taking money or property from others by use of fraud and deception, typically committed by someone of high social status. They include insurance, securities, mortgage, and internet fraud, as well as embezzlement, identity and credit card theft, and writing bad checks. It is important to get legal advice upon receiving a subpoena, getting a call from an investigator, or finding your home or business being searched.

For minor offenses, the person charged can often call the court to find out the amount of the fine, plead guilty, and send in payment; or, to plead not guilty, appear at the assigned hearing. The person may represent themselves at this hearing or have an attorney represent them.

For felony and misdemeanor proceedings, the process is more complex. Your attorney can be with you throughout the whole proceeding, or you may waive that right. After the crime is reported and investigated, the person is arrested. Booking records the defendant’s name, the crime charged, and the phone number, address, photograph, and fingerprints of the accused.

Once the defendant is in court and enters a plea of guilty, not guilty, or no contest, they are presented with a written accusation explaining the facts of the crime and their involvement. This accusation can be presented by a grand jury, prosecutor, or police officer. If the plea is not guilty, a date for trial is set.

Either bail is set or the defendant must be detained until trial. Bail can range from release on your own recognizance to posting thousands of dollars. If a higher amount is set, a bail bondsman is often used to provide payment in exchange for a lien against property and a fee. Bail is forfeited if the defendant does not appear at the next hearing.

A preliminary hearing is where a judge decides whether the defendant should be held for trial. The prosecution has the burden of providing enough evidence to the judge that a crime occurred and that the defendant committed it.

A criminal trial includes opening statements, examination of witnesses and evidence, closing statements, instructions for the jury, a rendered verdict after deliberation, and entry of the verdict. Afterward, the defendant may file a post-trial motion (such as a motion for a new trial).

When the defendant is found guilty, a hearing is set to determine the sentence. Sentencing reports factor in prior restitution or other convictions and are submitted to the judge, who pronounces judgment at a sentencing hearing. In some cases, a jury or sentencing council renders the sentence.

The sentencing possibilities are: (1) to be ordered to pay a fine; (2) to be released with specific terms of probation; or (3) to be sent to jail. If probation terms are violated, the probation can be revoked and the person sent to jail.

After conviction, the defendant may have appellate proceedings available to decide whether all substantive and procedural law was properly conducted at trial.