Georgia law requires drivers to move over or slow down for certain emergency or towing vehicles. This is commonly referred to as the “Move Over Law” or “Spencer Pass Law”. O.C.G.A. 40-6-16 states that: The operator of a motor vehicle approaching a stationary authorized emergency vehicle that is displaying flashing yellow, amber, white, red, […]
There is no statute in Georgia that makes it illegal to spank your child. In fact, O.C.G.A. § 16-5-23(f) states that “corporal punishment administered by a parent or guardian to a child” and “reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention” are exceptions to the […]
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 […]
Georgia law provides certain protections for people who are mentally ill and charged with crimes. O.C.G.A. § 16-3-2 says that a person charged with a crime can be found not guilty by reason of insanity if, at the time of the crime, the person did not have the mental capacity to distinguish between right and […]
Enticing a child for indecent purposes is a serious crime in Paulding County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against […]
A Georgia Supreme Court case that was recently decided sheds light on what circumstances would allow a guilty plea to be withdrawn and highlights the importance of hiring an experienced criminal defense lawyer early in the process of defending yourself against serious criminal charges. In Moody v. State, decided on May 16, 2023, the Georgia […]
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 […]
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