Articles Posted in Criminal Defense

Yes, identity theft is a felony in Georgia. The state charges the crime as identity fraud. No misdemeanor grade of the offense exists, no matter how small the dollar loss. Under Georgia's identity fraud sentencing statute, a first conviction brings one to ten years in prison. A court may add a fine of up to…

What Unlawful Imprisonment Means in Georgia Unlawful imprisonment means holding or detaining another person against their will. The person doing the holding has no legal right to do so. Georgia calls this crime false imprisonment, and the statute is O.C.G.A. § 16-5-41. A person commits it by arresting, confining, or detaining someone in violation of…

What Is Custodial Interference in Georgia? Custodial interference is the phrase most people search for, but Georgia has no crime by that name. Georgia charges this conduct as interference with custody. The offense covers knowingly or recklessly taking, enticing, or withholding a child or a committed person from whoever holds lawful custody. This is a…

What Counts as a False Accusation Under Georgia Law A false accusation is a knowingly untrue claim. Someone claims that another person committed a crime. The claim may go to law enforcement, a court, or a third party. Georgia's false accusations law is not a single statute. Instead, a set of criminal and civil rules…

What Is the Alford Doctrine? The Alford doctrine lets a defendant plead guilty while still telling the court, on the record, that he did not commit the crime. The defendant accepts the conviction and the sentence because the state's evidence would likely persuade a jury to convict. Courts call the result an Alford plea. An…

Are Juvenile Records Sealed Automatically in Georgia? Juvenile court records in Georgia are private. The public cannot view them. But they are not sealed automatically. Private and sealed mean two different things. The difference matters. Privacy limits who may view a file while the case is open. Sealing goes further. Once a court seals a…

What Counts as Hazing Under Georgia Law? Hazing in Georgia means subjecting a student to an act that endangers or is likely to endanger physical health. It also covers coercing a student, through social or physical pressure, to consume any food, liquid, alcohol, drug, or other substance that carries a likely risk of vomiting, intoxication,…

What the State Must Prove in a Georgia Theft Case You beat a theft charge in Georgia by defeating one of the elements the prosecutor must prove beyond a reasonable doubt. In most cases that means attacking intent, knowledge, possession, or value. If the State cannot prove every element, the charge may be reduced or…

What Counts as Felon in Possession of a Firearm in Georgia? In Georgia, the minimum sentence for a felon in possession of a firearm is one year in prison. That floor rises to a five-year mandatory minimum when the prior conviction was a forcible felony. Felon in possession of a firearm makes it a crime…

What Does It Mean to Be Charged With Abandonment in Georgia? Being charged with abandonment in Georgia means something serious. The state claims you willfully and voluntarily deserted a person you had a legal duty to care for. In most cases, that person is a dependent child. The state alleges you left the child alone…