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 a punishable offense under state law.
During your arraignment, you or your Atlanta 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:
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: 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.
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:
Thorough Knowledge of the Local Atlanta Legal System
Arson in the second degree in Georgia is a serious felony offense. According to Georgia Code § 16-7-61, a person commits this crime when they knowingly use fire or explosives to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure that is not a dwelling, without the owner’s consent or in which another has a security interest, such as a mortgage or lien, without the consent of both parties involved. This can also occur during the commission of another felony, for example during a robbery.
If convicted of arson in the second degree, the penalties can be severe and include:
Up to a $25,000 fine
In Georgia, first-degree arson is a serious crime. It occurs when someone intentionally sets fire to property or uses explosives to damage it. The Official Code of Georgia Annotated (O.C.G.A.) § 16-7-60 outlines the legal framework for first-degree arson.
An individual is guilty of first-degree arson if they intentionally inflict or result in damage to:
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