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.
Protection Against Charges Of Theft in Georgia
Sunday, 18 August 2019
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.
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- Published in Aggravated Felony, Felony, Theft
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Understanding Stalking Charges in Georgia
Thursday, 15 August 2019
In the state of Georgia, stalking is a serious crime. What appears to be harmless behavior can deprive you of your freedom even if the alleged victim is a person you love or care for.
Under the Georgia stalking laws, you could be charged with stalking if:
- You contact, follow or place another person under surveillance without that person’s consent with the intention of intimidating or harassing him or her.
- You post or spread (the Internet, radio, TV, newspaper, etc.) information pertaining to the alleged victim in such a way that causes others to harass or intimidate him or her.
- You violate parole or probation terms, or a restraining or court order restricting you from contacting the alleged victim.
Georgia imposes severe penalties for stalking because most people who engage in such behavior have malicious and bad intentions. If you are charged with stalking, you could be facing up to one year in prison and/or fines up to $1,000 for your first offense. For a second offense, you’ll face felony charges and up to 10 years in prison.
You need a strong legal defense if you’re facing stalking charges. With us you’ll receive comprehensive legal representation from a skilled, passionate, and aggressive criminal defense lawyer.
Aggravated stalking is a felony with severe consequences. Contacting a person or having him or her surveilled in such a manner that it violates a protective court order, probation or parole terms can put you in jeopardy of an aggravated stalking charge, which is a felony. Penalties for aggravated stalking include up to 10 years in prison.
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- Published in Criminal, Criminal Defense, Felony
Charged with Burglary in Georgia?
Monday, 12 August 2019
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.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony
Georgia Murder, Homicide, and Manslaughter
Friday, 09 August 2019
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.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony
Is a Threat of Harm Alone Sufficient to be Found Guilty of Armed Robbery?
Saturday, 06 July 2019
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.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Theft
What Constitutes an Offensive Weapon in Armed Robbery
Wednesday, 03 July 2019
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.
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- Published in Aggravated Felony, Battery, Criminal, Criminal Defense, Felony
Have you Been Charged with Armed Robbery in Georgia?
Sunday, 30 June 2019
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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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Theft
Punishments for Violating the Age of Consent in Georgia
Thursday, 27 June 2019
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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- Published in Criminal, Criminal Defense, Felony, Sex Offender
Statutory Rape Crime & Punishment in Georgia
Monday, 24 June 2019
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 |
|
|
| 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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- Published in Battery, Criminal, Criminal Defense, Domestic Violence, Felony, Moral Terpitude, Sex Offender
What is the Georgia Age of Consent?
Friday, 21 June 2019
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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- Published in Aggravated Felony, Criminal, Criminal Defense, Felony, Moral Terpitude, Sex Offender
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