Malice murder in Georgia is defined in OCGA § 16-5-1(a) as causing the death of another human being with malice aforethought. Express malice is the deliberate intention to take a life unlawfully. Malice can also be implied based on the circumstances of the killing. The intent to kill (aforethought) can be formed in an instant […]
There are two reasons why a minor might be charged as an adult. The first is they’re 17. Even though you’re not considered an adult until your 18th birthday for most things – i.e. voting, buying tobacco or a weapon – in the Georgia criminal justice system you are an adult at your 17th birthday. […]
If you are charged with a crime in Cobb County and believe you acted in self-defense, you are entitled to an immunity hearing. We will need to file an immunity motion and request a hearing in Cobb County Superior Court. O.C.G.A. 16-3-24.2 gives you this right to an immunity hearing. At this hearing, a judge […]
Enticing a child for indecent purposes is a serious crime in Dekalb 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 […]
Rape in Paulding County 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 […]
If you have been charged with a felony offense (with some exceptions) and have never pleaded guilty to or been convicted of a felony, you may be eligible for First Offender treatment under OCGA § 42-8-60. Charges that are considered serious violent felonies, e.g. murder, armed robbery, kidnapping, etc. and sexual offenses are not eligible […]
By: Attorney Erin Dohnalek In Georgia, an individual may be charged with DUI under the following circumstances: If he/she was in actual physical control of a moving vehicle while he/she was under the influence of alcohol to the extent that it was less safe for them to drive. If he/she was in actual physical control […]
The Fulton County Solicitor General prosecutes crimes of reckless conduct. Under O.C.G.A. 16-5-60, reckless conduct is when you causes bodily harm to or endanger the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and […]
The war on drugs is alive and well in the Georgia criminal justice system. You may be surprised the amounts of each drug that Georgia law considers to be Drug Trafficking. While selling drugs of any kind is against the law and considered a felony, there is a threshold for each drug that will bump […]
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, temporary protective order, permanent protective order, […]
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