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How Battery-Family Violence becomes a Felony under Georgia Law

Under O.C.G.A. § 16-5-23.1, the offenses of battery and battery – family violence are punished as misdemeanors. However, the same exact offense, under three sets of circumstances can transform this misdemeanor into a felony. Battery Against the Same Victim A person commits the offense of battery when he or she intentionally causes substantial physical harm […]

Possession of Schedule 1 Controlled Substances – VGCSA – Georgia

Possession of Schedule 1 drugs are classified as felonies in the State of Georgia. According to the laws of our state, criminal charges associated with the possession of these drugs are in accordance with the Georgia Controlled Substances Act. The following controlled substances are examples of drugs classified as Schedule 1: Heroin LSD Morphine Ecstasy […]

Georgia’s New Street Racing Law

Street racing and laying drag (https://www.peachstatelawyer.com/laying-drag-arrests-and-citations-in-atlanta-georgia/)  has long been illegal in the State of Georgia. However, in response to increased street racing incidents across the city of Atlanta, Governor Kemp recently signed new legislation creating even more harsh penalties for those who continue to engage in street racing.   First, the bill now criminalizes an […]

Sexsomnia – A Legal Defense to Sex Crimes?

What is Sexsomnia?   Sexsomnia, also referred to as “sleep sex,” is a particular form of parasomnia. Parasomnias are various categories of sleep disorders that involve abnormal behaviors, emotions, body movements, and dreams that occur while falling asleep, during sleep, between sleep phases, or during arousal from sleep. Sexsomnia involves a person engaging in sexual […]

Identity Fraud Arrests and Charges in Georgia

In Georgia, identity fraud is one of the most common white collar crimes committed. In general, it is a crime where one person uses another person’s personal data, without his/her authorization, with the intent to defraud that person. Such examples include, but are not limited to: Opening a credit card using someone else’s social security […]

Forgery Arrests and Charges in Georgia

In Georgia, the offense of forgery is broken down into four different degrees, depending on the type of document forged and whether that document was delivered, presented, or used. Third and fourth degree forgery deal solely with checks, while first and second degree forgery are associated with all other documents. According to O.C.G.A. § 16-9-1, […]

Intensive Supervision Program after Arrest in Fulton County, Georgia

What does it mean when the Fulton County magistrate judge gives you a bond but requires you to report under “ISP” or Intensive Supervision Program in Fulton County? Intensive Supervision provides a more rigorous form of pretrial release. Defendants released to the ISP program are required to meet with case managers a minimum of (3) […]

The Due Process Protections Act under Federal Law

The “Due Process Protections Act” (“DPPA”) became law in October 2020. It received rare bi-partisan support in both houses of Congress and was signed by Trump. The bipartisan support may be attributed to the fact that the law was inspired by the prosecution of U.S. Senator Ted Stevens. The charges against Sen. Stevens were dismissed, […]

Aggravated Assault Charges in Georgia

In Georgia, there are two types of assault offenses that an accused person may be convicted of: simple assault and aggravated assault. Generally, simple assault is classified as a misdemeanor where aggravated assault is a felony offense. In this blog, we will solely discuss the latter. According to O.C.G.A. § 16-5-21, a person commits the […]