License Suspension after DUI Conviction in Georgia

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Following a DUI conviction, the State of Georgia has authority to suspend/ revoke the driver’s license of the accused. However, the length of the suspension/ revocation depends on his/her past criminal history. In Georgia, the Department of Driver’s Services determines the duration of a license suspension/ revocation by looking at the past 5 years of criminal history.

For a first DUI conviction in the last 5 years, the maximum license suspension is 12 months. However, if a Risk Reduction course, or otherwise known as DUI School, is completed and a reinstatement fee is paid, the license of the accused may be reinstated after 120 days. During this period, the accused may be eligible to apply for a limited driving permit for the duration of the suspension if he/she is 21 years or older and prior to the suspension he/she validly held a Georgia driver’s license.

However, if the driver’s license of the accused was suspended after the arrest for the same offense that he/she was convicted of, because either (1) he/she did not install an interlock device within 30 days of arrest; (2) failed to appeal the driver’s suspension within 30 days of arrest; or (3) did appeal the license suspension within the deadline, but subsequently, lost the appeal, then the accused will be ineligible for a limited permit following his/her DUI conviction.

Furthermore, if the accused was convicted of DUI Drugs instead of DUI Alcohol, no limited permit is available. The entire suspension must be completed in order to reinstate his/her driver’s license.

Alternatively, for a second DUI conviction in the last 5 years, the consequences will include at least an 18-month license suspension. However, the license suspension can be prolonged for 3 years if certain conditions are not met. During this period, there is a hard suspension of 120 days where no limited permit is available. However, after this term has been completed, the accused may be granted a limited permit if he/she installs an interlock device in their vehicle for a minimum period of 8 months. If the interlock device was maintained properly for the full 8 months and a reinstatement fee is paid, he/she may be eligible for early reinstatement, contingent on whether any other conditions, which may be required, are completed. However, even if the accused failed to install an interlock device, he/she would still be eligible for a limited driving permit after he/she has successfully completed 18 months of the suspension.

Finally, for a third DUI conviction in the last 5 years, the consequences include a 5-year license revocation. In these cases, there is a 2-year hard revocation period, which otherwise means that there is no availability for a limited permit during that period. However, after two years, the accused may apply for a probationary license for the remainder of the revocation period.

CONTACT US                                                                                                     

At the Law Offices of W. Scott Smith, we understand that there are grave consequences following a DUI conviction, including a license suspension or revocation. Our attorneys are knowledgeable about all possible options for our clients dealing with a pending DUI charge. Therefore, if you have been recently arrested for a DUI or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.

Family Violence Battery Charges in Georgia

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In Georgia, a family violence battery is the identical charge of battery except that the alleged victim in the case has some sort of familial connection to the accused. The State of Georgia also takes family violence offenses very seriously and they can prosecute the accused of family violence, even if the victim does not want to press charges.

According to O.C.G.A. § 16-5-23.1, a person commits a battery when he/she intentionally causes substantial physical or visible bodily harm to another. However, in order for a person to be charged with family violence battery, the crime must have occurred between the following people:

  • 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.

Penalties

A family violence battery can either be characterized as a felony or a misdemeanor, depending on the past criminal history of the accused. A major consequence of a family violence battery conviction is that any future convictions of the same crime is an automatic felony. The first conviction of a family violence battery is sentenced as a misdemeanor, however, the second and subsequent convictions have a maximum penalty of 5 years in prison. This rule, however, does not apply to simple battery- family violence. According to O.C.G.A. § 16-5-23, simple battery occurs either when:

  • A person makes physical contact of an insulting or provoking manner with the person of another; or
  • Intentionally causes physical harm to another.

Simple battery-family violence is identical to the crime of simple battery, except the alleged crime occurred between the following people listed above, which constitutes a familial tie.

After the first conviction of simple battery-family violence, unlike family violence battery, the second conviction is still merely characterized as a misdemeanor. A person convicted of simple battery- family violence or misdemeanor family violence battery may be sentenced to a maximum penalty of 12 months in jail and/or a $1,000 fine.

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 lawyers are trained at defending such allegations. Therefore, if you or a loved one has been arrested for family violence battery or simple battery-family violence, please call our office today at 404-581-0999 for a free consultation.

Cruelty to Children Charges in Georgia

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In Georgia, the offense of cruelty to children is broken down into three different degrees, depending on the severity of the alleged abuse. Because of the consequences of such a serious crime, it is vitally important to understand the offense, as well as your individual rights when dealing with such allegations.

According to O.C.G.A. § 16-5-70, first-degree cruelty to children occurs when a parent, guardian, or other person supervising a child, under the age of eighteen, willfully deprives the child of necessaries to the extent that the child’s well-being is jeopardized. Additionally, conduct in which such person causes a minor child cruel or excessive physical or mental pain is considered first-degree child cruelty.

Second-degree cruelty to children occurs when a parent, guardian, or other person supervising a child, with criminal negligence, causes a child, under the age of eighteen, cruel or excessive physical or mental pain. Additionally, third-degree cruelty to children occurs when a parent, guardian, or other person supervising a minor child acts in one of the following ways:

  • Such person acts as the primary aggressor and intentionally allows a minor child to witness the commission of a forcible felony, battery, or family violence battery; or
  • Such person, who is acting as the primary aggressor, knows that the minor child is present or knows that the child can either hear or see the act, commits the act of forcible felony, battery, or family violence battery.

Penalties

The penalty for being convicted of first-degree cruelty to children in Georgia is a prison sentence between 5-20 years. For second-degree cruelty to children, the prison term is anywhere between 1-10 years. Alternatively, if a person is convicted of third-degree cruelty to children, he/she may be sentenced to a misdemeanor penalty, depending on his/her past criminal history. If the person has never been convicted of third-degree cruelty to children or has only been convicted once in the past, he/she may be sentenced to a misdemeanor penalty. However, if such person has been convicted in the past more than twice for the same offense then he/she will be sentenced to a felony prison term between 1-3 years and/or a fine of no less than $1,000, but no more than $5,000.

Defenses

Due to the severity of the punishment, as well as the collateral consequences for a charge of cruelty to children, it is vitally important to hire an experienced criminal defense attorney to defend you against such allegations and who also understands all the possible defenses to such a charge. Some defenses to cruelty to children include, but are not limited to:

  • Accident, if it did not result from the person’s recklessness or criminal negligence;
  • Parent’s right to discipline, if reasonable; and
  • Actual innocence or false allegations.

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of cruelty to children, 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 cruelty to children, please call our office today at 404-581-0999 for a free consultation.

Armed Robbery Charges in DeKalb County Georgia

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Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. This blog lays out the criminal justice process for someone who has been arrested for Armed Robbery in DeKalb County.

 

The first thing that happens after someone is arrested for Armed Robbery in DeKalb County is that they will see judge in their First Appearance hearing. This typically occurs within 48-72 hours of the person being arrested, depending on whether or not there was an arrest warrant. The First Appearance occurs at the DeKalb County Jail at 4424 Memorial Drive in Decatur. At the First Appearance hearing, a DeKalb County Magistrate Judge will read the charges to the suspect, as well as inform them of their right to counsel and right to remain silent. In some types of cases, bond can be considered at a First Appearances hearing. However, in Armed Robbery cases, the procedure is different. This is because only Superior Court Judges can hear bond arguments for the crime of Armed Robbery. This means unless the First Appearance Judge is “sitting in designation” then a bond will not be set or considered at the onset of arrest at the initial hearing.

 

Following the arrest and First Appearance hearing in Armed Robbery case in DeKalb County, an attorney will need to file a request for a Probable Cause and Bond hearing. This hearing will determine whether or not there is enough evidence to even prosecute you for Armed Robbery. If there is not, the charges can get thrown out at this stage. If the Judge does find probable cause that an Armed Robbery had occurred and you were the person who did it, or was a party to it, then the Judge “binds the case over to Superior Court” since that is the court with jurisdiction to proceed over the case. Once in the DeKalb County Superior Court, the Judge can consider whether or not to release the person on bond.

 

The court may release a person on bond if the court finds that the person:

 

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

 

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

 

(3) Poses no significant risk of committing any felony pending trial; and

 

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

 

These are known as the Ayala factors in Georgia based after the case that laid out our standards in bond determination. Ayala v. State, 262 Ga. 704 (1993).

If a bond is granted, there may be certain conditions attached. For example, the Judge may order you to have a curfew, or stay away from the alleged victim in this case.

 

The Armed Robbery case will then proceed with an Indictment, and later an Arraignment court date where a Not Guilty plea is entered and Motions are filed. Throughout the case, your defense attorney will engage in Plea Negotiations with prosecutors from the DeKalb County District Attorney Office. During this process, the defense attorney will do intensive investigation to the facts and defenses of the case and represent client’s interests zealously.

 

There are several defenses to Armed Robbery cases in DeKalb County and throughout the State. First, if you were only present at the time it occurred, and you did not share the same criminal mentality of the co-defendants, then you cannot be guilty of Armed Robbery.  Simply being there when an armed robbery occurs is not a crime. The State still has to prove criminal intent beyond a reasonable doubt.

 

You can be charged with Armed Robbery as being a Party to a crime law in Georgia means that you can be convicted and sentenced as if you directly committed the crime- even if you did not directly commit the crime.  You can be charged with Party to a Crime to Armed Robbery if you:

  1. Commit the crime
  2. Intentionally aid or abet in the commission of the crime;
  3. Intentionally advises, encourages, or counsels another to commit the crime.

 

This means you can be charged, convicted, and sentenced to Armed Robbery in DeKalb County if the State proves you encouraged the person to commit the crime, or if you provided them with the weapon, whether it be fake or not. All of this must be proven beyond a reasonable doubt, a very high standard in our Justice system.

 

Sentencing in Armed Robbery

 

As previously discussed, the stakes are high in Armed Robbery given a life or death sentence is allowed in Georgia law. Additionally, it has a mandatory minimum sentence of 10-20 years in prison. This is why it is imperative to move quickly in obtaining an Armed Robbery attorney early on to establish defenses and thoroughly investigate the case. The lawyers of W. Scott Smith are available 24/7 to answer you questions via a FREE CONSULTATION on Armed Robbery charges in DeKalb County and throughout the State. 404-581-0999

Armed Robbery Charges in Clayton County Georgia

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Armed Robbery occurs when someone takes property from someone by use of a weapon, device, or a replica weapon. It is treated seriously under Georgia law in that it is a “capital felony.” A capital felony is a crime that is punishable by life or death in the State of Georgia. This blog lays out the criminal justice process for someone who has been arrested for Armed Robbery in Clayton County.

 

The first thing that happens after someone is arrested for Armed Robbery in Clayton County is that they will see judge in their First Appearance hearing. This typically occurs within 48-72 hours of the person being arrested, depending on whether or not there was an arrest warrant, and it occurs at the Clayton County Jail at 9157 Tara Blvd in Jonesboro. At the First Appearance hearing, a Clayton County Magistrate Judge will read the charges to the suspect, as well as inform them of their right to counsel and right to remain silent. In some types of cases, bond can be considered at a First Appearances hearing. However, in Armed Robbery cases, the procedure is different. This is because only Superior Court Judges can hear bond arguments for the crime of Armed Robbery. This means unless the First Appearance Judge is “sitting in designation” then a bond will not be set or considered at the onset of arrest at the initial hearing.

 

Following the arrest and First Appearance hearing in Armed Robbery case in Clayton County, an attorney will need to file a request for a Probable Cause and Bond hearing. This hearing will determine whether or not there is enough evidence to even prosecute you for Armed Robbery. If there is not, the charges can get thrown out at this stage. If the Judge does find probable cause that an Armed Robbery had occurred and you were the person who did it, or was a party to it, then the Judge “binds the case over to Superior Court” since that is the court with jurisdiction to proceed over the case. Once in the Clayton County Superior Court, the Judge can consider whether or not to release the person on bond.

 

The court may release a person on bond if the court finds that the person:

 

(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required;

 

(2) Poses no significant threat or danger to any person, to the community, or to any property in the community;

 

(3) Poses no significant risk of committing any felony pending trial; and

 

(4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice.

 

These are known as the Ayala factors in Georgia based after the case that laid out our standards in bond determination. Ayala v. State, 262 Ga. 704 (1993).

If a bond is granted, there may be certain conditions attached. For example, the Judge may order you to have a curfew, or stay away from the alleged victim in this case.

 

The Armed Robbery case will then proceed with an Indictment, and later an Arraignment court date where a Not Guilty plea is entered and Motions are filed on. Throughout the case, your defense attorney will engage in Plea Negotiations with prosecutors from the Clayton County District Attorney Office. During this process, the defense attorney will do intensive investigation to the facts and defenses of the case and represent client’s interests zealously.

 

There are several defenses to Armed Robbery cases in Clayton County and throughout the State. First, if you were only present at the time it occurred, and you did not share the same criminal mentality of the co-defendants, then you cannot be guilty of Armed Robbery.  Simply being there when an armed robbery occurs is not a crime. The State still has to prove criminal intent beyond a reasonable doubt.

 

You can be charged with Armed Robbery as being a Party to a crime law in Georgia means that you can be convicted and sentenced as if you directly committed the crime- even if you did not directly commit the crime.  You can be charged with Party to a Crime to Armed Robbery if you:

  1. Commit the crime
  2. Intentionally aid or abet in the commission of the crime;
  3. Intentionally advises, encourages, or counsels another to commit the crime.

 

This means you can be charged, convicted, and sentenced to Armed Robbery in Clayton County if the State proves you encouraged the person to commit the crime, or if you provided them with the weapon, whether it be fake or not. All of this must be proven beyond a reasonable doubt, a very high standard in our Justice system.

 

Sentencing in Armed Robbery

 

As previously discussed, the stakes are high in Armed Robbery given a life or death sentence is allowed in Georgia law. Additionally, it has a mandatory minimum sentence of 10-20 years in prison. This is why it is imperative to move quickly in obtaining an Armed Robbery attorney early on to establish defenses and thoroughly investigate the case. The lawyers of W. Scott Smith are available 24/7 to answer you questions via a FREE CONSULTATION on Armed Robbery charges in Clayton County and throughout the State. 404-581-0999

 

Discharge of Firearm on or near Public Highway in Georgia

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Georgia law prohibits people from discharging firearms within 50 yards of a public highway.  This law can be found at O.C.G.A. § 16-11-103. The intent of this law is safety to the community and to decrease risks or injuries and death from gunfire close to public streets.

 

Discharging a firearm on or near a public highway is a misdemeanor criminal offense, which carries a penalty of up to 12 months in jail or a $1,000 fine or both. Misdemeanor crimes, including this one, do result in a criminal history, if convicted. This means that pleading guilty or being found guilty of this crime will result on a public criminal history that is accessible to potential employers and other members of the public.

 

This law even applies to private land. Therefore it can be unlawful to discharge a firearm on your own property if your land is within 50 yards of a public street. There are several defenses to Discharging a firearm on or near a public highway. All legal justification defenses apply to this crime, so you could discharge your firearm in self-defense even if it was within 50 yards of a public highway or street. Additionally, there must be criminal intent in all cases in order for the State to obtain a conviction. Accidental discharge of a weapon is a defense in these cases. Lastly, even if no legal justification defenses apply, a skilled lawyer can offer the prosecuting attorney mitigating evidence in efforts to secure a diversion offer. Pretrial diversion programs result in dismissal of the case, and criminal history expungment (known in Georgia as record restriction).

 

If you or a loved one has been charged with Discharging a Firearm On or Near a Public Highway, call us today for a FREE CONSULTATION at 404-581-0999.

 

 

 

 

 

 

Theft by Shoplifting Charge in Haralson County, Georgia

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A shoplifting conviction is no small matter. It will negatively impact your ability to gain employment, apply for housing, and it will permanently remain on your criminal record. It is critical you contact an experienced attorney to investigate the facts, prepare legal challenges and defenses, and mitigate possible punishment. Our firm routinely handles shoplifting cases in Haralson County State Court. This article means to explain the nature of shoplifting under Georgia law, the possible punishment, and how these matters are specifically handled in Haralson County.

 

The Offense

 

Under O.C.G.A § 16-8-14, the offense of theft by shoplifting occurs when a person has the intent to either appropriate merchandise without paying for it or deprive the owner of possession of the merchandise or of its value AND:

 

  • Takes possession of or conceals the goods or merchandise of a store or retail establishment;
  • Alters the price marked on the goods or merchandise of a store or retail establishment;
  • Transfers the goods or merchandise of a store or retail establishment from its original box or container to another one;
  • Switches the price tag or label from one merchandise item with the price tag or label from another merchandise item; or
  • Wrongfully causes the amount paid for an item to be less than the merchant’s state price for the item

 

Arrest, formal criminal charges, and aggressive prosecution are all possibilities if you engage in the above conduct.

 

Punishment

 

The penalties for shoplifting in Haralson County depend on the “value” of the property taken. A first shoplifting conviction involving the theft of merchandise valued at $500 or less is a misdemeanor. This is punishable by a fine up to $1,000 and incarceration for up to 12 months in jail, or both. Shoplifting offenses involving the theft of merchandise worth more than $500 are deemed felonies and can be punished by imprisonment for as long as ten years, depending on the total value of merchandise stolen.

 

It is important to note that a fourth or subsequent conviction for shoplifting is punished as a felony even though the prior convictions were all for misdemeanor shoplifting. Fourth or subsequent convictions are punishable by a prison sentence of one to ten years.

 

 

In addition to jail time and a fine, punishment may also include a psychological evaluation and treatment at their own expense, shoplifting seminars, community service, and restitution for the value of the property taken (if not returned).

 

How it Works in Haralson

 

After arrest, a case file is created with the Haralson County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Haralson County by filing an “accusation.” An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case.

 

It is possible to resolve a theft by shoplifting charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the Haralson County Pre-Trial Diversion Program. If the accused successfully completes the diversion program, their charges will be dismissed with their records restricted.

 

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” If accused and not eligible for diversion, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Haralson County prosecutors are largely unwilling to outright dismiss shoplifting charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to shoplifting or proceed to trial.

 

Contact Us

 

Being charged with Theft By Shoplifting can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every shoplifting case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with shoplifting, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

Theft by Shoplifting Charge in Bartow County, Georgia

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A shoplifting conviction is no small matter. It will negatively impact your ability to gain employment, apply for housing, and it will permanently remain on your criminal record. It is critical you contact an experienced attorney to investigate the facts, prepare legal challenges and defenses, and mitigate possible punishment. Our firm routinely handles shoplifting cases in Bartow County State Court. This article means to explain the nature of shoplifting under Georgia law, the possible punishment, and how these matters are specifically handled in Bartow County.

 

The Offense

 

Under O.C.G.A § 16-8-14, the offense of theft by shoplifting occurs when a person has the intent to either appropriate merchandise without paying for it or deprive the owner of possession of the merchandise or of its value AND:

 

  • Takes possession of or conceals the goods or merchandise of a store or retail establishment;
  • Alters the price marked on the goods or merchandise of a store or retail establishment;
  • Transfers the goods or merchandise of a store or retail establishment from its original box or container to another one;
  • Switches the price tag or label from one merchandise item with the price tag or label from another merchandise item; or
  • Wrongfully causes the amount paid for an item to be less than the merchant’s state price for the item

 

Arrest, formal criminal charges, and aggressive prosecution are all possibilities if you engage in the above conduct.

 

Punishment

 

The penalties for shoplifting in Bartow County depend on the “value” of the property taken. A first shoplifting conviction involving the theft of merchandise valued at $500 or less is a misdemeanor. This is punishable by a fine up to $1,000 and incarceration for up to 12 months in jail, or both. Shoplifting offenses involving the theft of merchandise worth more than $500 are deemed felonies and can be punished by imprisonment for as long as ten years, depending on the total value of merchandise stolen.

 

It is important to note that a fourth or subsequent conviction for shoplifting is punished as a felony even though the prior convictions were all for misdemeanor shoplifting. Fourth or subsequent convictions are punishable by a prison sentence of one to ten years.

 

 

In addition to jail time and a fine, punishment may also include a psychological evaluation and treatment at their own expense, shoplifting seminars, community service, and restitution for the value of the property taken (if not returned).

 

How it Works in Bartow

 

After arrest, a case file is created with the Bartow County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Bartow County by filing an “accusation.” An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case.

 

It is possible to resolve a theft by shoplifting charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the Bartow County Pre-Trial Diversion Program. If the accused successfully completes the diversion program, their charges will be dismissed with their records restricted.

 

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” If accused and not eligible for diversion, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Bartow County prosecutors are largely unwilling to outright dismiss shoplifting charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to shoplifting or proceed to trial.

 

Contact Us

 

Being charged with Theft By Shoplifting can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every shoplifting case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with shoplifting, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

 

Georgia Criminal Law – Pointing a Pistol at Another

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Responsible gun ownership requires education and care. In 2020, there were 98 unintentional gun related deaths in Georgia, 33 more than the previous year.[1] In an effort to eliminate these unintentional deaths and protect the public, the Georgia legislature enacted O.C.G.A. § 16-11-102.

The Offense

O.C.G.A. § 16-11-102 makes it a criminal offense to “intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or pistol is loaded or unloaded.”

Proving the element of intent is key in prosecuting this offense. The accidental or unintentional pointing of a weapon at another is not an offense. Parsons v. State, 16 Ga. App. 212 (1915). To aim a weapon at another is to point it intentionally. Livingston v. State, 6 Ga. App. 805 (1909). Intent may be inferred from the circumstances surrounding the pointing. Hawkins v. State, 8 Ga. App. 705 (1911).

This offense is distinguished from the offense of aggravated assault in that if the pointing of a firearm places the victim in reasonable apprehension of immediate violent injury, then the felony of aggravated assault, rather than the misdemeanor of pointing a gun, has occurred.  Overton v. State, 305 Ga. 597 (2019); Savage v. State, 274 Ga. 692 (2002). But, simple assault and pointing a gun or pistol at another are both misdemeanors and included in greater crime of aggravated assault with a deadly weapon. Morrison v. State, 147 Ga. App. 410 (1978).

Punishment

A conviction under O.C.G.A. § 16-11-102 results in a misdemeanor. The maximum punishment is 12 months in jail and up to a $1,000 fine or both. The sentencing judge also has the authority to impose additional terms and conditions such as community service, firearms safety course, etc.

 

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

 

[1] https://www.gunviolencearchive.org/congress/ga

Affray Charge in Atlanta, Georgia

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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 case if you simplt were a victim of the fight and had no intent to engage in the fight. The State must prove you were a willing participant. With that being said, self-defense is defense that can be explored and used in Affray cases. Even if you did engage in the fighting, but you did so in self-defense, this would be a full legal defense to the charge of Affray. Interestingly, automatic reflexes which including pushing back will also not rise to intent to fight.

Other defenses of Affray include focusing on where the fight occurred. Affray in Georgia requires it to have happened in a public place. Georgia law has held that jails and prisons are not public places for purposes of this statute. Likewise, fights at homes and other private property would not be unlawful under the Affray statute.

Affray, being a finger-printable offense, is one that remains on one’s criminal history forever. Paying a fine or pleading guilty will result in a lifetime criminal conviction. Given the various defenses that come into play wit Affray charges, it is important to consult with a skilled criminal defense lawyer who can advocate for you. Call us today for a FREE CONSULTATION at 404-581-0999 if you or a loved one has been charged with Affray in Georgia.