Articles Posted in Criminal Defense

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. A felon-in-possession charge is one part of a wider area…

What Does It Mean to Be Charged With Abandonment in Georgia? If a warrant has already issued, our abandonment warrant page explains what that means and how to respond. 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…

Animal cruelty in Georgia means causing an animal physical pain, suffering, or death. The act or omission must be unjustifiable. The law also covers a failure of care. A person who takes custody of an animal must provide adequate food, water, sanitary conditions, and ventilation. Several questions come up first. What is considered animal cruelty?…

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…