Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration […]
Fighting by two or more people in a public place to the disturbance of the public tranquility is a misdemeanor offense in Georgia known as affray. All misdemeanor offenses carry a maximum penalty of 12 months in jail and/or a fine of $1,000. Affray requires an intent to fight, so it is a highly defensible […]
Aggravated Stalking in Fulton County, Georgia By: Attorney Erin Dohnalek In Georgia, aggravated stalking is charged as a felony. It is set out in O.C.G.A. § 16-5-91. This statute states that an individual commits aggravated stalking when: He/she violates a “no contact” or “stay away” provision of their bond; He/she violates a temporary restraining order, […]
An alibi is a defense to criminal charges in Georgia where the defendant says that they weren’t at the scene when the crime occurred. According to Georgia law, as codified in O.C.G.A. § 16-3-40, an alibi defense involves the impossibility that the person accused of a crime was at the scene of the offense when […]
Bestiality is a serious crime in the State of Georgia. O.C.G.A. § 16-6-6: A person commits the offense of bestiality when he performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis or vagina of the other. A person convicted of bestiality shall […]
Polygraph tests can be a powerful tool in criminal defense. The tests are widely accessible, portable, relatively inexpensive, painless, and simple to administer. However, it is important to understand how polygraphs can be used in court before deciding if a polygraph would be helpful to your case. In Georgia, polygraph results are only admissible if […]
A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. How does the law define intimate parts? It is defined as the primary genital area, anus, groin, inner thighs, or buttocks of a male or […]
“Impeach” is simply a fancy term for showing that a witness is less than truthful and telling the jury that the witness’s testimony should not be believed. According to the Georgia Evidence Code (O.C.G.A. § 24-6-607), the credibility of any witness may be attacked by any party, including the party calling the witness. This means […]
If an individual dies during the commission of a dangerous felony the aggressor can be charged with felony murder even if there was no intent to cause a death. For example, if person X fights person V with no intention of ending V’s life but V ends up dying from his injuries. X will likely […]
Sodomy is a serious crime in Fulton County. O.C.G.A. § 16-6-2 established two separate criminal offenses. O.C.G.A. §16-6-2(a)(1) defines sodomy as the performance of or submission to a sexual act involving the sex organs of one person and the mouth or anus of another. O.C.G.A. § 16-6-2(a)(2) defines aggravated sodomy as the commission of sodomy […]
100 Peachtree Street N.W.,
Suite 2060,
Atlanta, Georgia 30303