Articles Posted in Criminal Defense

O.C.G.A. §16-4-8 is the Georgia statute that defines the criminal offense of conspiracy to commit a crime. The conspiracy itself is a separate crime from the underlying offense. Here are the key points about this law:

Definition: A person commits conspiracy in Georgia when they, together with one or more other persons, conspire to commit any crime and any one of them does an overt act to effect the object of the conspiracy.

These 2 conditions must be met to be considered conspiracy:

According to Georgia Code § 16-7-22, a person commits criminal damage to property in the first degree when they:

  • Knowingly and without authority interfere with any property in a manner that endangers human life, or
  • Knowingly and without authority, by force, violence, or electronic means, interfere with the operation of any critical infrastructure or vital public service, for example the water supply gas power grid.

In Georgia, cities and municipalities can make their own laws called local ordinances.

A city ordinance violation is not considered a misdemeanor or felony, but it is still a punishable offense under state law.

During your arraignment, you or your criminal defense lawyer will enter a plea at your first court date. The Georgia municipal court handles cases that occur in the town where the infraction occurred. You do not have an automatic right to a jury trial for ordinance violations .

In Georgia, burglary is characterized as the illegal entry or staying within a building with the intention to carry out a felony or robbery inside.

Important points: This theft crime can occur without breaking in – entering through an unlocked door without permission is still illegal.

A burglary happens when someone goes into a place planning to commit a crime, such as theft or a felony. This is true even if they don’t actually go through with it. Robbery is taking something from a person using force or threats. Prosecutors typically prosecute both charges as felonies in Georgia.

Georgia passed a new weapon carry law on April 12, 2022. This law allows people to carry handguns in public without needing permits issued. The law applies to those who are lawful weapons carriers.

A “lawful weapons carrier” is defined as:

  1. Anyone eligible for a weapons carry license under Georgia law (whether or not they have one)

A bench warrant in GA is a legal order issued by a judge that authorizes law enforcement to arrest and detain an individual who has failed to comply with a court order or appear for a scheduled court date. Here are the key points about bench warrants in Georgia:

Bench Warrant Definition and Why One Is Issued by a Judge

Bench Warrant: A bench warrant is issued by a judge when a person fails to appear in court or comply with court orders, such as paying court fines including traffic tickets or attending jury duty.

Attempting to murder or threaten witnesses in Georgia official proceedings is an extremely serious felony offense. The term “official proceeding” includes any court hearing, trial, grand jury proceeding, or other pending judicial proceedings. Below are the key points about the commission or possible commission of this crime.

Attempted Murder in Official Proceedings in Georgia

Under Georgia law O.C.G.A. §16-10-32(a), any person who attempts to kill another person with the intent to:

In Georgia, knowing the difference between assault and battery is important for understanding the legal consequences of violence. If you are unsure which charge you are facing, call our criminal law lawyers to schedule a free consultation.

During our meeting, we will discuss the charges against you. We will also discuss how we plan to create the best defense for you. We are committed to working hard on your case.

Below we define what battery and assault are, and how they are different with different conviction penalties.

An affray is when people fight or threaten violence in public, causing fear or disturbance to others. It is a legal term for a public order offense. Georgia Code OCGA § 16-11-32 defines it.

Public Disturbance: The essential element of affray is that the fight or threat of violence must disturb public tranquility. This means that the actions must cause fear or alarm to ordinary people present at the scene.

In most places, affray means wanting to fight, having at least two people involved, and it happening in a public place. In Georgia, affray is when two or more people fight in a public place and disturb the peace.

Third-degree arson in Georgia involves knowingly setting fire to personal property valued at $25 or more. 3rd degree arson punishment can include a fine of up to $10,000 and a prison sentence for up to five years. A lawyer can explain the specifics of the charges against you and the potential penalties you face.

If you have been arrested for third-degree arson in Georgia, hiring a criminal defense lawyer can significantly impact the outcome of your arson case. Here are several ways a competent lawyer can help you:

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