Smash and Grab Burglary in Fulton County

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Fulton County is seeing more and more smash and grab burglaries where suspects are using vehicles to gain entry into retail establishments in order to steal merchandise, cash, ATM machines. A Smash and Grab Burglary is one where a person intentionally enters a retail establishment with the intent to commit a theft, and causes damage in excess of $500.00 damages to the establishment. One of the more common forms of Smash and Grab burglary is done in a jewelry store where the glass cases are broken. However, all retail establishments are included under Georgia law, including restaurants. If a glass door is broken during a burglary, or a lock is broken, and it results in more than $500 in damage, you can be charged under the Smash and Grab statute in Fulton County and throughout Georgia. This is true even if nothing is ever taken or stolen.

Smash and Grab burglaries are treated more harshly in Fulton County than a regular retail burglary (which is known as Burglary in the 2nd degree in Georgia). For example, on a first offense for Smash and Grab, it is a mandatory minimum 2 to 20 years to serve and/or a fine of up to $100,000.  On a second conviction for Smash and Grab, the sentence will range of a minimum of 5 years in prison and up to 20 years or a fine of up to $100,000.  On the other hand, a Burglary in the 2nd degree is a lesser included offense, and has a mandatory minimum sentence of a year (versus two years on a first offense Smash and Grab).

Under Georgia law, eyewitnesses are not required for a conviction for burglary, and this includes a Smash and Grab burglary. Fingerprints, DNA on cigarette left nearby, surveillance footage, and even cell phone records showing the person near the scene can all be sufficient for a conviction. A seasoned attorney who has handled these unique cases will do a full case evaluation and may attack the methods of the investigation, as well as any cell phone records, search warrants, and forensic testing done by law enforcement.

If you or a loved one has been charged with Burglary in Fulton County, including a Smash and Grab, call the Law Office of W. Scott Smith today for a free case evaluation at 404-581-0999.

Aggravated Child Molestation in Bartow County

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Bartow County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

The Bartow County Courthouse is at 135 W. Cherokee Avenue, Cartersville, Georgia 30120

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Bartow County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the   Bartow County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Statutory Rape in Fulton County

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Statutory rape is defined in § 16-6-3 of the Georgia criminal code. The statute says that “a person commits statutory rape when he or she engages in sexual intercourse with any person who is under the age of 16 years and not his or her spouse”.

Many people wrongly believe that there is a defense to statutory rape if the victim is untruthful about their age and the accused believes that the victim older than 16. However, statutory rape is a strict liability offense, meaning that the belief of the accused does not matter. The only real defense is that sexual intercourse did not actually occur.

It is important to note that unsupported testimony of the victim is not enough to support a conviction for statutory rape. This means that a victim simply saying that they had sexual intercourse with the accused is not enough. There must be some other evidence proving that sexual intercourse actually occurred. This is where the defense may be found!

The punishments you could face if you are convicted of statutory rape range depending on the age of the accused and the victim. If the accused is over 21, they face 10-20 years in prison. If the victim is between 14 and 16 years old, and the accused is not yet 18 (and not more than 4 years older than the victim), a conviction would only result in a misdemeanor.

If you have been accused of statutory rape in Fulton County, it is important that you hire an attorney with experience in fighting these cases. Call the Law Office of Scott Smith today for a free consultation.

Statutory Rape in Gwinnett County

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Statutory rape is defined in § 16-6-3 of the Georgia criminal code. The statute says that “a person commits statutory rape when he or she engages in sexual intercourse with any person who is under the age of 16 years and not his or her spouse”.

Many people wrongly believe that there is a defense to statutory rape if the victim is untruthful about their age and the accused believes that the victim older than 16. However, statutory rape is a strict liability offense, meaning that the belief of the accused does not matter. The only real defense is that sexual intercourse did not actually occur.

It is important to note that unsupported testimony of the victim is not enough to support a conviction for statutory rape. This means that a victim simply saying that they had sexual intercourse with the accused is not enough. There must be some other evidence proving that sexual intercourse actually occurred. This is where the defense may be found!

The punishments you could face if you are convicted of statutory rape range depending on the age of the accused and the victim. If the accused is over 21, they face 10-20 years in prison. If the victim is between 14 and 16 years old, and the accused is not yet 18 (and not more than 4 years older than the victim), a conviction would only result in a misdemeanor.

If you have been accused of statutory rape in Gwinnett County, it is important that you hire an attorney with experience in fighting these cases. Call the Law Office of Scott Smith today for a free consultation.

DUI Roadblocks

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Believe it or not, roadblocks are not an end-all be-all scenario for impaired drivers. In fact, roadblocks must pass legal muster in order to be legally compliant.

Stopping All Vehicles: During a DUI roadblock, all vehicles passing through a checkpoint location must be stopped. This includes both cars and motorcycles.

Minimal Delay: The duration of each stop should be minimized to reduce inconvenience to motorists. Officers cannot unduly prolong the stop.

Identification of Law Enforcement: Officers must be clearly identifiable as law enforcement personnel, typically through uniforms and marked vehicles.

Reasonable Articulable Suspicion: Although DUI roadblocks involve stopping all vehicles, an officer can only detain a driver further if they have reasonable articulable suspicion that the driver is impaired or has committed another crime.

 

Defenses Against Unlawful Stops

Improper Planning or Authorization: If the roadblock was not authorized by supervisory personnel or was conducted in a manner that deviated from established guidelines, it could be challenged as unlawful.

Lack of Reasonable Suspicion: If an officer lacks reasonable suspicion to detain a driver beyond the initial stop, any evidence obtained thereafter may be suppressed.

If you’ve been charged with a DUI or other traffic offense in Georgia because of a roadblock, it’s important to know your rights. Give us a call TODAY.

Boating Under the Influence on Lake Allatoona

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Georgia law makes it a crime to operate a boat or other moving water vessel (for example, a jet ski) under the influence of alcohol, drugs, or a combination on a public waterway. The legal blood alcohol content for someone over 21 is the same as it is for a car: .08. The legal limit for someone under 21 is .02. Even if you are under the legal limit, you can be charged with BIU less safe, meaning that you were under the influence to the extent it was less safe to operate the vessel. If you have a child under 14 on board, you will also be charged with the separate crime of child endangerment. If you get a BUI after a boating accident, you may also be charged with serious injury by vessel or homicide by vessel.

There are two important differences between boating under the influence and driving under the influence. The first is that officers don’t need probable cause to stop your boat. Officers are allowed to stop and board any vessel operating on a public waterway to perform safety checks. If officers suspect that you are impaired, they can ask you to perform field sobriety tests and read you the implied consent law. Implied consent means that your ability to operate a vessel is conditioned on you submitting to chemical tests of your blood, breath, or urine. If you refuse testing or your BAC is above .08, your license to operate a vessel may be suspended for a minimum of one year. That brings us to the second important difference between a BUI and a DUI. For a DUI you have 30 days from the date of arrest to submit an appeal of your license suspension to DDS. You only have 10 days to file the suspension appeal for a BUI and it must be submitted to the Georgia Department of Natural Resources. A suspension of your boating license or conviction of BUI does not affect your ability to drive a car.

The penalties for the first conviction of BUI are a fine between $300 and $1,000; a period of incarceration of 10 days to 12 months but, the time to serve can be suspended, stayed, or probated except if your BAC is over .08 then you must serve a minimum of 24 hours; a minimum of 40 hours of community service; completion of a DUI alcohol or drug risk reduction program; and a clinical drug and alcohol evaluation and complete any recommended treatment. The penalties increase with each BUI conviction.

If you or a loved one has been charged with boating under the influence it is important to have a knowledgeable advocate. Give us a call at 404-581-0999 for a free consultation.

Aggravated Child Molestation in Bartow County

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Bartow County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

The Bartow County Courthouse is at 135 W. Cherokee Avenue, Cartersville, Georgia 30120

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Bartow County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the   Bartow County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Look Ma, No Hands- Georgia’s Hands-Free Law

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Beginning July 1, 2018, Georgia implemented its Hands-Free law which aims to reduce distracted driving incidents by restricting cellphone use while driving. Drivers are prohibited from holding a cellphone or any stand-alone electronic device (iPad, etc.) with any part of their body. However, drivers are permitted to use hands-free technology like Bluetooth and earpieces for phone calls and navigation. The law does allow for exceptions like if you’re calling an emergency service.

If you’re caught using your phone or texting while driving, the first offense is a $50 fine and one point on your record. If you attend a court-approved distracted deriving program, the judge can decide to waive the fine. Additionally, many municipalities will give you a warning for a first offense. A second offense would result in a fine of $100 and two points on your record. For your third offense and every offense thereafter, you can expect a fine of $150 and three points on your record. Keep in mind that if you accumulate 15 points within 24 months on your record, your license will be suspended. These penalties can be fairly straight forward, but violating the Hands-Free law can be deemed “distracted driving.” If you are violating the Hands-Free law and cause serious injury or death of another person, you will likely be facing felony charges with enhanced fines.

If you get pulled over for using your phone while driving, do not hesitate! Give us a call NOW.

Child Cruelty in Dekalb County

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In Georgia, there are three types of child cruelty- 1st, 2nd, and 3rd degree.

  • 1st degree child cruelty occurs when a parent, guardian, or other person supervising a child willfully deprives a child of necessary sustenance to the point that the child’s health or well-being is jeopardized OR when a person maliciously causes a child under 18 cruel or excessive mental or physical pain. 1st degree child cruelty is a felony and, if you are found guilty, you will be punished by 5 to 20 years in prison.
  • 2nd degree child cruelty occurs when a person acts or fails to act in a way that demonstrates a willful and wanton disregard for the safety of others and that act or failure to act causes cruel or excessive mental or physical pain to a child under 18 years old. 2nd degree child cruelty is also a felony and, if you are found guilty, you will be punished by 1 to 10 years in prison.
  • 3rd degree child cruelty occurs when a person is the primary aggressor intentionally allows a child under the age of 18 to witness the commission of a forcible felony or family violence battery OR when a person knows that a child under the age of 18 is present and sees or hears the person commit a forcible felony or family violence battery. A person convicted of 3rd degree child cruelty is guilty of a misdemeanor.

 

As you can see, the punishment for child cruelty can be severe. It is important that you hire a lawyer experienced in defending child cruelty cases. The lawyers at W. Scott Smith will zealously defend you against child cruelty allegations. If you find yourself accused of child cruelty, call our office at 404-581-0999 today for a free consultation.

Theft by Receiving Stolen Property in DeKalb County

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A person commits the offense of theft by receiving stolen property when s/he receives, disposes of, or retains stolen property which s/he knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.  OCGA § 16-8-7. Guns and cars are the most common property associated with theft by receiving stolen property charges.

In order to sustain a conviction for theft by receiving the state is required to prove beyond a reasonable doubt that the accused KNEW the property was stolen. That knowledge can be inferred (i.e. should have known) by circumstances that would be suspicious to an ordinary prudent person. For example, if you buy a brand-new Mercedes G Wagon for $5,000 and it turns out to be stolen, a jury is authorized to believe you knew it was stolen. It would be unreasonable to the average person that a brand-new car that normally costs upwards of $200,000 would be sold for $5,000. Now if we are talking about a Nissan Ultima, that $5,000 price cannot show knowledge that it was stolen because the price is reasonable. Certain damage to a vehicle, like a broken steering column or the locks being punched out, can also imply the necessary knowledge. It is much more difficult for the state to prove knowledge of a stolen gun. The Georgia appellate courts have found that purchasing a gun on the street at a reduced price or the gun being labeled “for law enforcement use” is not enough but it can be shown if the serial number has been filed off.

If you or a loved one has been charged with theft by receiving stolen property, give us a call for a free consultation.