Family Violence Battery in Fulton County

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Family Violence Battery is defined in O.C.G.A. 16-5-23.1 as intentionally causing substantial physical harm or visible bodily harm to another person who are:

  • Spouses or former spouses;
  • Individuals who have a child together;
  • Parents and children;
  • Step-parents and step-children;
  • Foster-parents and foster-children; and
  • Individuals living or formerly living in the same household.

The State of Georgia treats family violence offenses with significant seriousness and may proceed with prosecution even when the alleged victim does not wish to pursue charges. A family violence battery offense may be classified as either a misdemeanor or a felony, depending on the accused individual’s prior criminal history. One of the most substantial consequences of a family violence battery conviction is that any subsequent conviction for the same offense is automatically elevated to felony status. While a first conviction for family violence battery is generally punishable as a misdemeanor, a second or subsequent conviction carries a maximum penalty of up to five years’ imprisonment.

Due to the severity of the penalties for a family violence charge, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such a serious charge. At the Law Offices of W. Scott Smith, our attorneys defend Family Violence Battery charges in Fulton County. If you have been charged with Family Violence Battery in Fulton County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!

Forgery

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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, a person commits the offense of forgery in the first degree when the accused has acted with the intent to defraud and he/she knowingly possesses any writing, other than a check, in a fictitious name or where the writing has been altered. Such writing by the accused must be without the authority of the authorized owner of the document.

Furthermore, to be convicted of first degree forgery, the fraudulent document must have been delivered, used, or presented. Alternatively, second degree forgery still requires that the accused had the intent to defraud the authorized owner of the document in the same way as first degree forgery, however, one key difference between the two is that to be convicted of second degree forgery, the fraudulent document must not have been delivered, used, or presented.

Lastly, third and fourth degree forgery deal solely with checks. A person commits the offense of forgery in the third degree when one of the following occurs:

  • The accused alters or defrauds the authorized owner of a check in the amount of $1,500 or more; OR
  • He/she possesses 10 or more checks written, without a specified amount, in a fictitious name or in some other way in which alters the check with the intent to defraud.

Fourth degree forgery is the same as the offense of forgery in the third degree except that the check amount is either less than $1,500 or he/she possesses less than 10 checks written in a fictitious name or in some other way alters the check to defraud the authorized owner.

PENALTIES

Forgery is characterized as either a felony or a misdemeanor, depending on what degree the State of Georgia charged the offense as. First, second, and third degree forgery are all felonies, while fourth degree forgery is classified as a misdemeanor.

An accused convicted of first degree forgery could be sentenced anywhere between 1-15 years in prison. Alternatively, for a conviction of second degree forgery, the punishment ranges between 1-5 years in prison. The same is also true for third degree forgery. Lastly, a conviction of forgery in the fourth degree shall be classified as a misdemeanor and the accused, if convicted, could be sentenced anywhere between 1-5 years in jail.

Due to the severity of the punishment for forgery convictions, it is of vital importance to hire an experienced criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for each degree of forgery, as well as all possible options for an accused dealing with such a serious charge.  Therefore, if you or a loved one has been arrested for forgery, please call our office today at 404-581-0999 for a free consultation.

Disorderly Conduct in Covington Municipal Court

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O.C.G.A. § 16-11-39 classifies disorderly conduct as a misdemeanor offense. The law prohibits various behaviors that disturb the peace or endanger others’ safety.

What Counts as Disorderly Conduct?
A person commits disorderly conduct when they:

  1. Act violently or loudly in a way that makes someone fear for their safety.
  2. Behave violently in a manner that could damage another person’s property.
  3. Use “fighting words” — abusive or insulting language intended to provoke a fight.
  4. Speak obscenely or use vulgar language toward or over the phone with a child under 14, in a way that could cause a breach of the peace.

Possible Penalties
A conviction for disorderly conduct can lead to:

  • Up to 12 months in jail
  • Fines of up to $1,000
  • Probation or community service

If you or someone you care about faces a disorderly conduct charge in Covington Municipal Court, don’t handle it alone. The legal team at W. Scott Smith, P.C. has the experience to defend your rights and guide you through the process. We offer a free consultation to discuss your case and help you pursue the best outcome.

 

Georgia Drug Possession Charges: What the DA Won’t Tell You About Penalties and Defenses

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If you’re staring at a drug possession charge in Atlanta, Fulton County, or anywhere in Georgia, you’re probably thinking one thing: “How screwed am I?”

The short answer: It depends. But the system is harsher than most people realize — and the DA isn’t volunteering the escape hatches. I’m Scott Smith, a criminal defense lawyer in Atlanta with over a decade of fighting these cases in local courts. Here’s the straight talk on what you’re actually facing and how we fight back.

The Penalties: Georgia Doesn’t Play Around

Georgia law (mainly OCGA § 16-13-30) treats most drug possession as a felony. The only real misdemeanor is less than one ounce of marijuana.

Marijuana (< 1 oz): Misdemeanor — up to 12 months in jail, $1,000 fine, or community service. Still sucks on your record.

Marijuana (> 1 oz): Felony — 1 to 10 years in prison.

For everything else (cocaine, fentanyl, meth, pills without a prescription, etc.):

Schedule I or II drugs (heroin, cocaine, fentanyl, meth, LSD, ecstasy, etc.):

– Less than 1 gram: 1–3 years

– 1–4 grams: 1–8 years

– 4–28 grams: 1–15 years

Repeat offenses crank it up hard — often 5–30 years. And yes, that includes fentanyl — Georgia is cracking down even harder on it these days.

Schedule III–V (some prescription meds like certain painkillers): Usually 1–5 years first offense.

Add in and a permanent criminal record that kills jobs. The DA won’t lead with this, but a conviction follows you forever unless we get it reduced.  There is no record expungement in Georgia.  It is now called record restriction.

 What the DA Really Doesn’t Want You to Know

The DA’s office loves to wave the big numbers around to scare you into a plea. But here’s what they hope you don’t figure out:

Shoplifting Charges in Dekalb County

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Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value.

This includes actions like:

  Concealing or taking items

  Switching price tags or labels

  Putting items in different packaging

  Paying less than the true price through deception

 

The charge depends mainly on the value of the merchandise:

Misdemeanor shoplifting

  • Value $500 or less
  • Punished as a misdemeanor

Typical penalties in Georgia (including Dekalb County):

  • Up to 12 months in jail
  • Up to $1,000 fine
  • Probation, community service, or diversion programs often possible (especially for first offense)

Felony shoplifting

Triggered if:

  • Value over $500, OR
  • Multiple thefts aggregated over time, OR
  • Certain repeat offenses

Penalty:

  • 1 to 10 years in prison

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Dekalb County. If you have been charged with shoplifting in Dekalb County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!

 

Super Speeder in Marietta Municipal Court

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If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Marietta, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days from the conviction date to make the payment. Otherwise, DDS will suspend your license.

However, if you or someone you know faces a super speeder ticket, it’s a good idea to consult a lawyer. Legal help can often lead to a better outcome. Therefore, contact the Law Office of Scott Smith at 404-581-0999 for a free consultation.

The Georgia Signal Rule: Presence, Not Just Motion

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In Georgia, the law on turn signals during a lane change is more nuanced than many drivers know. Under O.C.G.A. § 40-6-123, signaling is not automatically required every time a driver changes lane. Instead, the duty to signal arises only when another vehicle “may be affected by such movement.”

The statute itself reflects a practical, safety-based approach. First, it provides that no driver may move right or left on a roadway unless the movement can be made with reasonable safety. Second, it requires a signal only when another vehicle may be affected by that movement. That distinction matters. The law is not written to punish every lane change without a signal instead; it is designed to protect other motorists whose driving could be influenced by that vehicle’s lane change.

Many people believe Georgia law always requires a signal for 100 feet before any lane change. While O.C.G.A. § 40-6-123(b) contains a 100-foot signaling requirement for turns, Georgia courts have historically treated lane changes differently, focusing on whether another vehicle could actually be affected.

So, when is a signal legally required? A driver should use a turn signal when a lane change could influence nearby traffic, for example when there is a trailing vehicle in the same lane, any nearby motorist who may need to react by slowing down, changing position.

By contrast, where the road is empty and no other vehicle could be affected, Georgia appellate decisions make clear that failure to signal may not amount to a violation at all.

That principle has real constitutional significance. Officers often cite “failure to signal” as the basis for a traffic stop. But if dash camera footage or other evidence shows there was no surrounding traffic to be affected, the stop may lack the reasonable articulable suspicion required by the Fourth Amendment.

Signaling is always smart. But in Georgia, the legal question is not simply whether a driver moved. It is whether anyone else was there to be affected.

Driving While License is Suspended/ Revoked

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In Georgia, if a person is driving on a suspended license, he/she may face jail time, probation, as well as monetary fines. If the accused is found guilty of driving while his/her license is suspended, the accused will be charged with a misdemeanor, as long as it is his/her first offense within the last 5 years.

According to O.C.G.A. § 40-5-121, any person who drives a motor vehicle on any public highway of this state without being licensed or while his/her privilege to drive in the State of Georgia is suspended, disqualified, or revoked may be found guilty of the offense of driving while license is suspended. Under Georgia law, there are numerous violations that can lead to a driver’s license being suspended or revoked. Some include, but certainly are not limited to:

  • Conviction of driving under the influence of drugs or alcohol (DUI);
  • After a DUI arrest, failure to consent to a blood, breath, or urine test following the reading of Georgia’s implied consent law;
  • Conviction of driving without insurance;
  • Conviction of vehicular homicide;
  • Failure to pay Georgia’s Super Speeder fine within its required deadline; OR
  • For accumulating 15 traffic points within a 24-month period.

Penalties

As stated above, the offense of driving while license is suspended/ revoked will be characterized as a misdemeanor if it is the driver’s first offense within the previous 5-year period. If the accused is convicted of a misdemeanor, he/she may be sentenced anywhere between 2 days and 12 months in jail and/or a fine of $500-$1,000. However, if the accused has had a prior conviction or two prior convictions, within the last 5 years, for driving while license is suspended, he/she may be charged with a “high and aggravated misdemeanor.” This means that the sentence may involve anywhere between 10 days and 12 months in jail and/or a fine of $1,000-$2,500. Finally, if the accused has had four or more convictions of driving while license is suspended within the last 5 years, the charge will be classified as a felony. A person convicted of a felony may be sentenced to 1-5 years in prison with a fine of $2,500-$5,000.

Upon receiving the accused person’s record of conviction for driving while license is suspended, the Georgia Department of Driver’s Services will impose an additional suspension or disqualification of 6 months. Once the additional 6 months has expired, the driver is eligible to reinstate his/her driver’s license.

Contact Us

Due to the severity of the penalties for driving on a suspended license, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such serious allegations. At the Law Offices of W. Scott Smith, we are skilled at defending such charges. Therefore, if you or a loved one has been arrested for driving while license is suspended, please call our office today at 404-581-0999 for a free consultation.

Shoplifting Charges in Clayton County

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Under Official Code of Georgia Annotated § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend to keep it or deprive the owner of its value.

This includes actions like:

  Concealing or taking items

  Switching price tags or labels

  Putting items in different packaging

  Paying less than the true price through deception

 

The charge depends mainly on the value of the merchandise:

Misdemeanor shoplifting

  • Value $500 or less
  • Punished as a misdemeanor

Typical penalties in Georgia (including Clayton County):

  • Up to 12 months in jail
  • Up to $1,000 fine
  • Probation, community service, or diversion programs often possible (especially for first offense)

Felony shoplifting

Triggered if:

  • Value over $500, OR
  • Multiple thefts aggregated over time, OR
  • Certain repeat offenses

Penalty:

  • 1 to 10 years in prison

At the Law Offices of W. Scott Smith, our attorneys defend shoplifting charges in Clayton County. If you have been charged with shoplifting in Gwinnett County, it is essential to retain experienced legal counsel to minimize the long-term consequences of a conviction. Contact our office at 404-581-0999 to schedule a free consultation!

 

 

Prior Difficulties under 404(b)

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Rule 24-4-404 generally prohibits the admission of evidence of a person’s character or character traits to prove that they acted in conformity with that character on a particular occasion. In simple terms, the State cannot argue: “he did it before, so he must have done it again.” This is the fundamental bar against propensity evidence.

However, Rule 404(b) provides limited exceptions. The State may introduce evidence of prior acts for permissible purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. When proceeding under 404(b), the State is required to provide notice to the defense, including the general nature of the evidence it intends to introduce at trial.

There is, however, a notable exception to this notice requirement. When the State seeks to introduce evidence of acts that show the circumstances immediately surrounding the charged offense, the relationship between the parties, or the defendant’s motive, courts often classify this as “prior difficulties.” Under this doctrine, formal 404(b) notice is not required.

Even so, prior difficulties are not automatically admissible. The State must still establish a clear connection between the prior acts and the charged offense. Specifically, the evidence must demonstrate the defendant’s motive, intent, or bent of mind toward the alleged victim. Additionally, the trial court must conduct a Rule 403 balancing test to determine whether the probative value of the evidence is substantially outweighed by the risk of unfair prejudice.

In practice, the State frequently argues that no notice is required because the evidence qualifies as prior difficulties. Yet, too often, the State fails to meaningfully articulate the necessary nexus between the prior acts and a legitimate, permissible purpose such as motive or intent. The reason is straightforward: the true purpose is often impermissible; to place bad character before the jury.

To effectively challenge the admission of prior difficulties, the defense should require the State to do more than recite buzzwords. The State must be pressed to specifically explain how the prior acts illuminate the relationship between the parties and how they directly establish motive or intent in the charged offense. When forced to articulate this connection, it often becomes apparent that the State’s argument rests on little more than labels.

Those labels: “motive,” “intent,” “bent of mind” can become a disguise for what is ultimately an improper attempt to invite the jury to conclude: “he did it before, so he did it again.” The defense’s role is to expose that gap and prevent the jury from being prejudiced by evidence that proves nothing beyond propensity.