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  • Archive from category "Aggravated Felony"
December 6, 2019

Category: Aggravated Felony

What is a Vehicular Manslaughter Charge in Georgia?

Tuesday, 03 September 2019 by Kara Lawrence

Vehicular manslaughter (also known as vehicular homicide) can be either a misdemeanor or felony charge depending on the circumstances of the accident, but either charge could result in jail time or prison, fines, parole, probation and driver’s license loss. The death of an individual in a traffic accident is tragic, but your actions and rights deserve defense. And, you need aggressive defense in the face of a serious criminal charge.

We defend people throughout Georgia.  We independently investigate each case we handle. Examining accident scenes, interviewing witnesses, gathering evidence, working with accident reconstructionists, and challenging the prosecution’s case at every opportunity is critical to a successful defense.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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Theft By Receiving

Wednesday, 21 August 2019 by Kara Lawrence

Knowingly receiving, disposing of or retaining property that has been stolen can result in you being charged with theft by receiving. Even if you weren’t certain, but had reason to believe the property was stolen, you may have committed theft by receiving according to Georgia law.

Theft by receiving is a misdemeanor if the property has a value that’s less than $500. However, theft by receiving is a felony if the value of the property is greater than $500 and you could face a prison sentence of up to 10 years or up to 20 years if the stolen property is an automobile. In addition to prison time, a felony conviction can cause you to lose your job or make it very difficult to find a new job. In addition, a felony conviction for theft by receiving in Georgia can result in the loss of your right to possess a firearm or to vote.

Properly defending yourself against such charges and consequences requires the representation of an attorney skilled in criminal defense. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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Protection Against Charges Of Theft in Georgia

Sunday, 18 August 2019 by Kara Lawrence

Theft is the act of taking another person’s property illegally and intentionally. In general, it doesn’t matter how another person’s property was taken. Most theft crimes carry a misdemeanor charge. However, if the stolen property’s value is in excess of $500, then you could face felony charges and a sentence of up to 10 years in prison.

Given the high stakes involved, it is important for individuals charged with theft crimes to work closely with an attorney who will thoroughly investigate your case and aggressively defend you against all charges. We will provide comprehensive legal advice and defense in order to restore your good name and protect your freedom.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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Charged with Burglary in Georgia?

Monday, 12 August 2019 by Kara Lawrence

If you or a loved one is being charged with or investigated for burglary charges in Georgia, you need the attention and assistance of a qualified, experienced criminal defense attorney who can protect your rights and freedom. With the severity of sentencing that accompanies an Atlanta burglary charge, attorneys dedicated to protecting you are a necessity.

A burglary conviction can result in a prison sentence of up to 20 years. If you have one or more prior convictions, you could be facing a mandatory minimum sentence of at least five years in prison. Even an incomplete alleged burglary attempt can result in a long prison sentence depending upon the severity of the intended criminal act. In order to ensure that you receive just and fair treatment and that your case is resolved to the most favorable degree possible.

The Georgia legal system is complicated so you need a defense attorney with an intimate understanding of both state law and your unique situation. We understand the inner workings of the Georgia legal system and are determined to protect your rights and freedom to the fullest possible extent. We believe wholeheartedly that anyone accused of burglary is innocent until proven guilty and will work diligently to ensure that your innocence is staunchly defended.

Whether you or your loved one has been officially charged with burglary or are simply under investigation, it’s imperative that you secure counsel as soon as possible. It is essential to work with an Atlanta burglary attorney who understands the state criminal justice system. Before you speak with detectives or other law enforcement agents, you need the counsel and protection of a criminal defense lawyer who is genuinely invested in obtaining the best possible outcome for you and your family.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Georgia Murder, Homicide, and Manslaughter

Friday, 09 August 2019 by Kara Lawrence

There are severe consequences for homicide, murder or manslaughter charges in Georgia. If you are charged with one of these violent crimes, you could be facing life imprisonment or possibly the death penalty. You need the legal representation of an experienced, skilled and aggressive Georgia attorney.  We are committed to protecting the rights of the accused in all types of Georgia criminal cases, including murder, homicide and manslaughter.

In Georgia, the term homicide encompasses all acts of the killing of another human. Murder and manslaughter are very serious homicide crimes. The state of Georgia does not have varying degrees of murder. In Georgia, there is only one degree of murder. Murder is committed when a person intentionally kills another, acts with depraved disregard for human life, or kills another person while committing a felonious crime.

Call us at 678.324.8511;

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What Does Not Constitute an Acceptable Defense of Armed Robbery in Georgia

Friday, 12 July 2019 by Kara Lawrence

I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.

I had consent at the beginning to have the property: Recent case law has found that even if you had permission to have custody of the property at the beginning, you could still be guilty of robbery if you forcefully dissuaded the owner from making you return the object. An example of this is if you had permission to borrow a necklace and then when they asked you to return it, you forced them through violence to let you keep it. Even though you had consent at the beginning, it is still robbery because you used force to retain the property.

The victim never saw a weapon: Even if the victim never sees a weapon, a defendant can still be guilty of armed robbery. Since the purpose of using any weapon or device is to create a reasonable apprehension that an offensive weapon is being used, it is immaterial whether the fear is created by seeing or by any other sense, provided the apprehension is reasonable under the circumstances.  An example of this is when a defendant told the victim “do as I say or I’ll blow your head off.” Although the victim never saw the weapon, the statement was enough that the robbery had been accomplished by use of an offensive weapon. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

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What Constitutes an Acceptable Armed Robbery Defenses in Georgia

Tuesday, 09 July 2019 by Kara Lawrence

I didn’t take anything; I just wanted to scare them: If you did not take anything from the victim but instead just used a weapon to scare someone, then you will not guilty of robbery. However, you could still be guilty of assault or battery.

Lack of Intent: Armed robbery requires that the accused take the property with intent to commit theft. If you thought the property was yours or it was a misunderstanding, your actions may not satisfy the requirements of armed robbery. 

Self Defense: Another argument your Georgia Robbery Attorney could make is that you acted in self-defense. While you may have been attempting to take something, you only used a weapon when you began feeling threatened.

Innocence: If you have an alibi or witness testimony that you did not commit the crime, then your Attorney will have a chance of succeeding on an innocence claim.

The taking by force or intimidation was justified: To justify taking property by force of intimidation, the party taking must be the owner of the particular property taken or must be entitled to the possession of the property or lastly, believed in good faith that they were the owner of the property or entitled to the property. 

No weapon was used nor the appearance of a weapon: For the crime of robbery to have been committed, there must be evidence that a weapon or violence or the appearance of a weapon was used during the incident. Any evidence supporting that this was not true would be greatly beneficial. Even if you are still guilty of robbery, it is a lesser sentence than armed robbery. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Is a Threat of Harm Alone Sufficient to be Found Guilty of Armed Robbery?

Saturday, 06 July 2019 by Kara Lawrence

In 2006, the Court found a defendant guilty of armed robbery where he threatened the victim with a knife and took money from him. The defendant threatened the man with a knife and then threw the knife on the bed. While the defendant admitted holding a knife in his hand, he argued that since he never harmed the victim, he was not guilty of robbery. The Court found that the defendant’s threats and demands were sufficient to establish the element of intimidation and that he did not have to actually harm the victim to be guilty. By testifying to the threats and holding a knife over him, the victim satisfied the requirements, and the defendant was convicted.

What about words alone?

In another case, in 2008, the Court of Appeals affirmed the conviction of armed robbery of the defendant. The Defendant, Jerome LeMon, went to a party with some friends. While at the party, he held a video camera in the face of girls and would ask them inappropriate questions. The host made LeMon leave, and he got into a car with two other men. While in the car, LeMon became infuriated and started yelling at the two other men. LeMon ordered them to turn over their cell phones, and when they refused, LeMon told them that he had a knife in his pocket, and he was going to stab him in the heart if he didn’t give up his phone. The man gave LeMon the phone, and he threw them on the floor of the car. The Court found him guilty of armed robbery because he threatened the two men with his knife to get them to turn over their cell phones. 

Penalty for Armed Robbery in Georgia

Armed robbery is is a felony conviction in Georgia. The penalties for Armed Robbery in Georgia are very stiff. A conviction of Armed Robbery carries a potential sentence of ten to twenty years in prison with the very minimum being ten years in prison with no early release. Prison terms for life are another common penalty for Armed Robbery.

The most severe penalty in Georgia for Armed Robbery is the death penalty.

There are even stricter penalties for Armed Robbery of a Pharmacy. If you rob a pharmacy and steal prescription drugs and also inflict serious bodily injury upon someone during the crime, you will face a prison sentence of no less than fifteen years. You must do at least ten years in prison with no early release program available to you.

If you have a serious violent felony conviction anywhere in the United States, and then you are convicted or another serious felony in Georgia that does not require the death penalty, you will be sentenced to life in prison without parole.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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What Constitutes an Offensive Weapon in Armed Robbery

Wednesday, 03 July 2019 by Kara Lawrence

Georgia Courts have gone back and forth through the years as to what constitutes an offensive weapon as well as if replica or toys can be considered offensive weapons. After years of debating, it has been established that an offensive weapon includes not only weapons which are offensive per se, but also embraces other instrumentalities not normally considered to be offensive in and of themselves but which may be found by a jury likely to produce death or great bodily injury depending on the manner and means of their use. 

Weapons that have been found to be offensive per se include a machete, sword, knife, and gun. These have been categorized as offensive per se because they do not have innocent qualities to them. Weapons that have honest qualities to them are things like ordinary razors, or penknives because they have an innocent purpose. The Court decided that hands and feet do not constitute weapons under the armed robbery statute. 

The test for other unconventional weapons is whether the manner in which it was used constituted an offensive weapon. Whether an instrument represents a deadly or offensive weapon is one for the jury’s determination. Over the years, a starter pistol, nun chucks, tire tool, screwdriver, pellet gun, and skillet are just some of the things the jury found to be an offensive and/or a deadly weapon.

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Have you Been Charged with Armed Robbery in Georgia?

Sunday, 30 June 2019 by Kara Lawrence

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. 

Call us at 678.324.8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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