Articles Posted in Criminal Defense

What Is a Violation of Privacy in Georgia? A violation of privacy is conduct that intrudes on another person's reasonable expectation of privacy. That includes secretly recording, watching, photographing, or exposing someone in a place or situation where they expect to be left alone. Georgia treats these intrusions two different ways. Some are civil wrongs,…

Sexual battery in Georgia means touching another person's intimate parts without consent. A first conviction is a high and aggravated misdemeanor, not a felony. Still, the charge brings jail time, heavy fines, and consequences that can follow a person for years. What Is Sexual Battery Under Georgia Law? Georgia's law defines sexual battery as touching…

Few civil filings move as fast – or carry as much criminal exposure – as a Georgia temporary protective order. One sworn petition, signed by a Superior Court judge after an ex parte hearing, can force a respondent out of the family residence, suspend firearm rights, dictate child custody and visitation, and create a paper…

What Is an Insanity Defense? An insanity defense is an affirmative defense. The defendant admits to committing the act but argues they lacked mental capacity. They claim they could not understand what they did or tell right from wrong. Because of this mental incapacity, the defendant argues they should not face criminal responsibility. This defense…

What Is a Motion in Limine? A motion in limine is a pretrial request asking a judge to rule on whether specific evidence may be presented at trial. If the judge grants the motion, the jury never hears the excluded evidence. The term comes from Latin. "In limine" means "at the threshold" or "at the…

What Is a Terroristic Threat in Georgia? A terroristic threat is a felony offense. It occurs when a person threatens to commit a violent crime, release a hazardous substance, or burn or damage property. The threat must be made to terrorize another person, cause a building evacuation, or create serious public inconvenience. Georgia law treats…

What Is a Motion to Vacate or Modify an Order of Protection? A motion to vacate or modify an order of protection is a formal written request to a Georgia court. The request asks the court to either cancel a protective order entirely or change its specific terms. If you were just served and the…

What Counts as a First-Time Drug Offense in Georgia? A first-time drug offense is any drug-related charge, most commonly possession of a controlled substance. Drug crimes in Georgia range from misdemeanor marijuana possession to felony trafficking. It applies to people with no prior drug convictions. Georgia treats drug charges under the Georgia Controlled Substances Act.…

By Larry Kohn, Georgia Gambling Lawyer Since 1998 – Over 600 AVVO 5-Star Client Reviews Despite many attempts by lawmakers over the years to legalize gambling in Georgia most gambling is still illegal, with only a few exceptions. Georgia defines gambling as betting on sports games or contests. or playing cards, dice, or other casino-style…

Is forging a signature a felony in Georgia? Usually yes: signing another person's name with intent to defraud is charged as forgery, and most of those charges are felonies. Forgery in Georgia is both a misdemeanor and a felony, depending on the degree. Clients often ask our criminal defense attorneys: is forgery a misdemeanor or…