Archive for category: Blog

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 Gwinnett County. If you have been charged with Family Violence Battery 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!

 

Clayton County Cases and How to Fight for No Jail Time 

Getting caught with marijuana at Hartsfield-Jackson Atlanta International Airport (ATL) is a fast track to serious trouble. Airport security, TSA, DEA, and local officers, usually Atlanta Police Department, are aggressive, and most of these cases land in Clayton County Courthouse. The goal for many clients? Avoid incarceration entirely. It’s tough, but very doable with the right approach.

Why Airport Marijuana Cases End Up in Clayton County

ATL sits in Clayton County. That means the Clayton County District Attorney’s Office handles prosecution for most state-level drug cases originating at the airport. These aren’t small possession tickets anymore once the weight hits certain levels.

Georgia Trafficking Threshold for Marijuana: 

Anything over 10 pounds = Trafficking in Marijuana (O.C.G.A. § 16-13-31).

– 10+ to <2,000 lbs: Mandatory minimum 5 years prison + $100,000 fine.

– Higher amounts get even worse (7 or 15 years minimum).

Even under 10 pounds but over 1 ounce often gets charged as Possession with Intent to Distribute – a felony with up to 10 years possible.

Clayton County has decriminalized tiny amounts (<1 oz) to a $150 civil fine with no jail, but that doesn’t touch trafficking or larger cases.

Real Talk: The Goal is Avoiding Incarceration

Nobody wants to do time. Here’s how experienced defense makes that happen:

1. Challenge the Search

Airport stops often rely on consent, drug dogs, or “suspicious behavior.” If the search violated your 4th Amendment rights, we file a motion to suppress. No evidence = no case. This is one of the strongest ways to get charges dismissed or reduced early.

2. Lack of Knowledge or Constructive Possession

“It wasn’t my bag.” “I didn’t know what was in it.” “Someone else packed it.” Prosecutors have to prove you knowingly possessed it. Mere proximity isn’t enough. We dig into luggage manifests, travel history, and witness statements.

3. First Offender Act / Conditional Discharge

If this is your first serious offense, Georgia’s First Offender Act can let you plead to a felony but avoid a conviction on your record after completing probation, treatment, or community service.

6. Negotiate Down to Possession

Many “trafficking” cases get pled to simple possession or intent with far lighter penalties – especially if weight is borderline or evidence is shaky.

What You Should Do Immediately After Arrest

– Shut up. Seriously. Invoke your right to a lawyer and stop talking. Everything you say gets used.

– Call a Clayton County-experienced drug defense attorney ASAP. Bond hearings happen fast.

– Preserve everything: boarding pass, hotel receipts, texts, travel itinerary, bank account information – it all helps build reasonable doubt.

Bottom Line

A marijuana trafficking arrest at ATL doesn’t have to end your life or career. Mandatory minimums look scary on paper, but judges and prosecutors in Clayton County have discretion, especially on first offenses or when the case has holes. The difference between prison and walking out with probation is usually an aggressive, experienced lawyer who knows the local courthouse and the DA’s office.

If you or a loved one got hit with this at the Atlanta airport, don’t wait. These cases move quickly. Call my office at 404-581-0999 or email Mail@peachstatelawyer.com for a straight-talk consultation. Georgia Bar 665026. I fight these cases daily out of my Atlanta office at 100 Peachtree Street.

You’re not alone, and there are real paths to avoid jail. Let’s go over your specific facts and build the best defense possible.

Scott Smith – Straight answers. No BS. Results for Atlanta and Clayton County clients.

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.

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: