Have you Been Charged with Armed Robbery in Georgia?

If you or a loved one has been charged with Armed Robbery in Georgia, we can help. While robbery is primarily taking the property of another from that person; armed robbery means that you used a weapon during the taking. Armed Robbery is considered a serious violent felony in Georgia. The offense of robbery by intimidation is a lesser-included offense of the crime of armed robbery.

Georgia Law on Armed Robbery

Georgia Code §16-8-41 states that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device have the appearance of such weapon.

Also, there is a new type of Armed Robbery in Georgia, Armed Robbery of a Pharmacy. This category carries stiff penalties and requires a different strategy. 

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Punishments for Violating the Age of Consent in Georgia

Georgia has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Georgia Age of Consent, as statutory rape or the Georgia equivalent of that charge.

The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.

 

 

Criminal Charge Severity Punishment
Aggravated child molestation Felony; Misdemeanor Punishable by life imprisonment or 25-life followed by probation for life; Jail time not to exceed 12 months and/or a fine not to exceed $1,000.00
Aggravated sexual battery Felony Life in prison or a split sentence of 25- life, followed by probation for life
Aggravated sodomy Felony; Misdemeanor Minimum of 25 years; Jail time not to exceed 12 months and/or a fine not to exceed $1,000.00
Child molestation Felony Punishable by imprisonment for10-30 years or by imprisonment for life.; Punishable by imprisonment for not less than five nor more than 20 years
Incest Felony 25-50 years
Sexual Battery Felony 1-5 years in prison
Statutory Rape Felony; Misdemeanor 10-20 years in prison.; 1-20 years in prison ; Jail time not to exceed 12 months and/or a fine not to exceed $1,000.00
Trafficking a person for labor or sexual servitude Felony 25-50 years or life imprisonment

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Statutory Rape Crime & Punishment in Georgia

The Georgia code § 16-6-3 defines two degrees of the crime statutory rape, each with associated punishments. The degree of the punishment depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

 

 

Severity Statutory Rape – Charge Description Punishment
Felony 
STATUTORY
  • If victim under age of 16 not a spouse of the offender and offender is over ager 21.
  • If victim under age of 16 not a spouse of the offender.
  • 10-20 years in prison.
  • 1-20 years in prison
Misdemeanor 
STATUTORY		 If victim under age of 16 not a spouse of the offender and victim is 14-15, and offender is no more than three years older than victim Jail time not to exceed 12 months and/or a fine not to exceed $1,000.00

Georgia law allows statutory rape to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Georgia Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

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What is the Georgia Age of Consent?

The Georgia Age of Consent is 16 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 15 or younger in Georgia are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.

Georgia statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16 who is not their spouse. While no close in age exemptions exist in Georgia, if the offender is under age 19 and the victim is no more than 4 years younger, the offense is classified as a misdemeanor rather than a felony.

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Georgia Commercial Driver’s License Violations

CHICAGO, IL – JANUARY 25: Trucks sit on the lot of and International truck sales and service facility on January 25, 2018 in Chicago, Illinois. Near record levels of freight volume driven by an improving economy and new federal safety regulations have contributed to nationwide truck shortage. (Photo by Scott Olson/Getty Images)

Because of the added safety risks that come with driving large trucks and other commercial motor vehicles, Georgia holds CDL holders to a much higher standard than other drivers. Just one or two traffic violations that might be considered minor when driving a private vehicle could cause a commercial driver to have their license suspended. If you’ve received any kind of violation, whether you were driving your work vehicle or personal car, contact us for help keeping your CDL and your job.

Major Traffic Violations

Under Georgia CDL law, a major violation results in a one year suspension of your CDL on the first offense and a permanent disqualification on the second offense. Major violations include:

  • DUI or a BAC greater than 0.04 when driving a commercial vehicle
  • Driving under the influence of a controlled substance
  • Refusing a field sobriety test/alcohol blood testing
  • Leaving the scene of an accident involving a CMV(commercial motor vehicle)
  • Committing a felony with a vehicle
  • Driving with a suspended CDL or revoked CDL
  • Causing a fatality through negligent driving
  • Driving a CMV(commercial motor vehicle) under the influence of alcohol

Serious Traffic Violations

Receiving two serious traffic violations while driving a commercial vehicle within three years can result in a 60 day suspension, and a third within 3 years results in a 120 day suspension. Serious traffic violations include:

  • Speeding greater than 15 MPH over the posted limit
  • Reckless driving
  • Improper lane changes
  • Following too closely
  • Violation leading to a fatal accident
  • Not having a valid CDL for the type of vehicle being driven

If you have a CDL and receive a ticket in Georgia for any of the following, we can help you fight/fix the ticket! We have successfully resolved hundreds of tickets for commercial drivers, protecting their MVR and saving their CDL from heavy points and/or license suspension.

  • Speeding(15 mph or more above the posted limit)
  • Georgia Super Speeder Violations
  • Following Too Closely
  • Reckless or Careless Driving
  • Wrong Lane
  • Overweight
  • Failure to obey traffic control devices
  • Failure to stop
  • Illegal Turn
  • Equipment
  • Off Truck Route
  • Improper lane changes
  • Operating a commercial vehicle without your CDL in your possession
  • Careless driving
  • Driving a rig without the proper endorsement.

Many violations have potential defenses or can be negotiated down to a type of violation that will not lead to a CDL suspension. Often, we can handle this for you without you having to take time off from your job to go to a far away courthouse. 

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Breach of Contract

A breach of contract is a failure, without legal excuse, to perform a promise. While this seems simple enough, the vast majority of business litigation stems from breach of contract. It seems that some companies simply don’t care to honor their contractual obligations and the only way for you to get relief is to sue them to enforce the contract and recover your damages.

In Georgia, the non-breaching party in a breach of contract case is entitled to recover “all damages that arise naturally and normally from the breach of contract.” Stated another way, the non-breaching party is entitled to recover all the damages that the parties to the contract envisioned would accrue if the contract was breached. In addition, the non-breaching party is entitled to recover all reasonable expenses incurred in complying with the contract and costs. In addition, the non-breaching party may recover attorneys’ fees and expenses of litigation if it can be proven that the contract was entered into in bad faith, was procured by fraud, or that the defendant (the breaching party) has been stubbornly litigious. Many times, this is referred to as a “so sue me attitude.” In essence, the breaching party is stating by its conduct, “I breached the contract with you but I am not going to pay you your damages. If you want to recover the damages I caused you by breaching our contract, sue me!” This is the exact type of situation in which Georgia law allows one to recover attorneys’ fees and expenses of litigation.

Many times, the measure of damages for breach of contract will be the value of the goods or materials furnished. However, in addition to monetary damages, a party injured by a breach of contract may elect to ask the Court to rescind (e.g., set aside) the contract. This most often occurs in situations in which the damaged party has been injured by a breach of contract and fraud. In this situation, the injured party seeks to have the contract rescinded so that it is not limited by restrictive clauses in the contract that may work to the injured party’s detriment. Once the contract is rescinded, the injured party can seek all damages allowed under the law, including actual damages, attorneys’ fees and expenses of litigation and and punitive damages, to the extent allowed by law. In addition, damages may be awarded along with rescission, if that will put the parties in the position in which they were in prior to the breach.

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How Does Adultery Impact Alimony in Georgia?

When adultery is the cause of a divorce in Georgia, the spouse that was unfaithful is barred from receiving alimony. It’s not enough that one spouse cheated during the marriage – the infidelity has to be the reason for the divorce for it to result in a ban on alimony. If one spouse cheated, but the other spouse forgave him or her and they continued to live together, the unfaithful spouse won’t be barred from receiving alimony.

For adultery to bar alimony, the faithful spouse also has to file for divorce on the grounds of adultery, not just “irreconcilable differences” (which means the couple can’t get along anymore), and the divorce has to be granted on the grounds of adultery.

What Else Does Adultery Impact?

Adultery generally doesn’t affect custody in a Georgia divorce, unless the children were exposed to inappropriate things as a result of the affair. Adultery never affects child support in Georgia.

Adultery can have an impact on how a divorcing couple’s assets are divided, especially if the unfaithful spouse spent lots of money on the affair, for example, by buying gifts and paying for trips and hotel rooms.

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Georgia landlord liability for dog bites

A landlord or land owner in Georgia is required to keep his property safe for visitors to the extent established by two key statutes, one of which has been interpreted to make him liable for dog bite injuries.

OCGA 51‑3‑1 states: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” This has been interpreted to impose liability for negligence in keeping just the common areas of the premises safe, the “common areas” being defined as those parts of the premises to which all tenants and others are allowed access.  OCGA 51-3-1 was held to impose liability upon a landlord that knew a dog was dangerous, after it bit a child in a common area of the apartment building.

On the other hand, the landlord is not responsible for unsafe conditions in those parts of the property of which he has divested himself of control. His duties toward visitors are limited to proper construction and repair of the premises, pursuant to OCGA sec. 44‑7‑14, which states: “Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

Furthermore, he cannot be held liable unless he had knowledge that the attacking dog was indeed dangerous.

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Proving liability where the dog did not previously bite a person in Georgia

The “first bite free” rule is a misnomer, because the victim of a dog bite in Georgia is required to prove only that the owner or harborer knew that the dog had done something which would indicate that it had the dangerous tendency to bite people.  So the doctrine and the Georgia dog bite statute can apply to cases where there was no bite but where the owner or harborer should have known the dog was vicious. 

In cases where the dog bit somebody while running loose in violation of a leash law, the statute makes the dog owner legally liable if the accident was caused by the owner’s careless management or allowing the dog to go at liberty. First, the victim must prove the condition state in the second sentence of section 51-2-7, which says, “In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of the city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash.” For example, the local law might state that all dogs must be confined on the premises of the dog owner or must be on a leash when not on the owner’s premises. Next, the victim must show that the accident was caused by the owner’s “careless management or … allowing the animal to go at liberty.” An example of careless management would be the failure to close a door through which the dog could escape. An example of allowing the animal to go at liberty would be the practice of letting children in the household routinely take the dog outside to play, without a leash. Thus, liability for a dog bite can be based on the violation of a leash law combined with careless management or allowing the dog to go out without a leash.

Interestingly, Georgia is the only State that gives the negligence per se doctrine such significance. Also, it is the only state that puts a “trimmed down” version of the traditional negligence per se doctrine into its dog bite statute. An example of liability under this part of the Georgia statute would be where the dog owners routinely allow their dog to go outside without a leash, in violation of a local animal control law which required all dogs to be leashed, and one day the dog runs up the block and bites a small child playing in a neighbor’s driveway. That accident would put liability squarely on the shoulders of the dog owners, for violating the animal control law. In other states, the victim would be required to go outside the statute and prove the various elements of negligence per se, but the Georgia statute includes the elements as part of the statute.

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Why You Should Adopt Your Internationally Adopted Child Again!

People are often confused about whether or not they are required to domesticate their foreign adoption, or “re-adopt” their internationally adopted child.  Do you know what to do?

Here is a Simple Rule of Thumb:

  • If your child was issued an IR-3 or IH-3 immigrant visa, you are not required under federal law to readopt your child, or “domesticate” your foreign adoption, here in the U.S.  
  • If your child entered the U.S. with an IR-4 or IH-4 visa, where the adoption was not completed overseas, re-adoption within the United States is required. This is common in cases where you were given a legal Guardianship (or custody) by the foreign country giving you permission to bring the child into the United States for the purpose of adoption.  You will need to finalize your adoption as soon as possible in your home state upon your return to the United States.  United States citizenship can then be applied for and obtained for your child.

But your analysis should not stop there.  Even if you received a Final Decree of Adoption (and your child was issued an IR-3 or IH-3 visa) in the foreign country and are not required to domesticate your foreign adoption (re-adopt), there are important practical reasons to domesticate your foreign adoption in your home state. 

  • Domesticating your foreign adoption decree allows you to obtain a United States birth certificate (“Certificate of Foreign Birth”) for your child from your home state. This will allow you to obtain certified copies of your child’s birth certificate in the future should you ever need any (which definitely happens). 
  • Domesticating your foreign decree will allow you to legally change your child’s name.
  • Domesticating your foreign decree also provides you with an American adoption decree should your foreign decree ever be lost, damaged, or called into question.

For more information on international adoption please call us anytime for a consultation.

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