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.
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. 
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 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.
When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else’s property. Obtaining property through false pretenses is a crime, punishable in most states by fines and imprisonment. While state laws vary in defining this crime, the general idea is the same: to be found guilty of false pretenses, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact. This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses. Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.
The U.S. maintains high standards for non-citizens when it comes to compliance with the law; the area where this is most evident is law related to controlled substances.
For decades, the U.S. Congress has taken a hard-line approach against drug use and trafficking, enforcing harsh punishments on citizens and non-citizens who are involved in these activities. Therefore, use or conviction for controlled substance related crime carries harsh immigration penalties including deportation and future inability to obtain a Green Card. In fact, according to the Immigration Defense Project from 1997-2012, one out of four criminal immigration removal cases stemmed from past drug offenses.
Generally, “controlled substances” include all recreational drugs including cocaine, heroin, methamphetamine, and non-prescription drugs. The major exceptions to this category are marijuana (under 30 grams), alcohol, tobacco, and prescription medications. In terms of drug-related crimes, non-citizens can be punished for any number of reasons including having a positive drug test, possession of drug paraphernalia, or drug trafficking.
For non-immigrants including visitors and students, controlled substance use can result in your removal and prevention of obtaining a future Green Card. Under INA Sec. 212, among the controlled substance issues which may prevent your Green Card are:
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Controlled Substances Conviction, including possession
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Admission of a Controlled Substances Offense, even without conviction
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Crime of Moral Turpitude Conviction
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Admission of a Crime of Moral Turpitude
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“Reason to Believe” Noncitizen is or was a Drug Trafficker
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Family Members of Non-citizens DHS has “Reason to Believe” is or was a Drug Trafficker
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Drug Abuse or Addiction
For Green Card holders/Legal Permanent Residents, controlled substance use can also result in deportation. Under INA Sec. 237, among the controlled substances issues which may result in deportation are:
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Aggravated Felony Conviction
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Controlled Substances Conviction
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Crime of Moral Turpitude Conviction
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Drug Abuse or Addiction
While there are some methods to overcome these issues, it is most helpful to have proper legal counsel from the beginning to avoid long-term consequences. As such, it is extremely important for non-citizens who are facing drug charges to hire a criminal attorney who is familiar with immigration law. They will be in the best position to negotiate on your behalf to avoid immigration consequences. Further, non-citizens should be prepared to take harsher criminal punishments in exchange for more lenient immigration consequences. While this may be difficult in the short-term it could be the difference between staying in the U.S. or returning to your home country.
Since the U.S. perspective on controlled substance use does not seem to be waning or becoming more sympathetic, non-citizens should be extremely careful and vigilant in their activities and be aware of the potential consequences.
It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. Even the simple possession of a small amount of marijuana in Georgia can lead you into serious trouble with the authorities. Therefore, it is easy to imagine that possession of more serious drugs, such as methamphetamine, have even more serious consequences.