Robbery by Sudden Snatching

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Robbery or Burglary?

It is not uncommon for people to use “robbery” and “burglary” interchangeably. For example, a person enters their home to discovery it’s been ransacked. They might exclaim, “I’ve been robbed!” That exclamation is inaccurate under Georgia law. In Georgia, that person is a victim of burglary, not robbery, because Georgia defines burglary as entering, or remaining in, a building without authority with the intent to commit a felony.

Robbery on the other hand contemplates taking property from the person or immediate presence of another with intent to commit theft. There are three types of robbery in Georgia: robbery by force, intimidation or threat of violence, and sudden snatching. I will review all three flavors in future blog posts, but for now let’s review sudden snatching.

Robbery by Snatching Scenario

When I think of robbery by sudden snatching, I picture an elderly woman walking along a city sidewalk with her purse. Suddenly, her purse is snatched off her shoulder by a swift offender. The offender does not use any force to take the purse from her; he merely snatches it off her person.

The lack of force employed to secure the purse highlights a key distinction between robbery by force and sudden snatching. If the elderly woman resisted and the offender used force by, say, pushing her to the ground to take her purse, then the offender committed robbery by force, not sudden snatching. Sudden snatching literally means taking the purse without any use of force.

A Key Distinction

Another key element of robbery by sudden snatching is that the victim must be conscious of the theft before it is completed. Say the elderly woman walking down the street does not realize the offender snatched her purse from her person, and only realizes her purse is missing when she attempts to pay the fee at her dry cleaners later that afternoon. As the offender’s attorney, I would argue the offender could not be prosecuted for robbery by sudden snatching because the victim was not aware of the theft when it happened. The offender may be guilty of theft by taking (because theft by taking does not require the victim to be conscious of the theft before it is completed), but he is not guilty of robbery by sudden snatching.

If you or someone you know has been charged with robbery contact our office today for a free consultation. We will be happy to walk through your goals and inform you of the various defenses that can be implemented for your case.

by Sarah Armstrong

Rape

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Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows:

  1. A person commits the offense of rape when he has carnal knowledge of:
  2. A female forcibly and against her will or:
  3. A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ.  Any penetration, however slight, is sufficient and can be proven by direct or circumstantial evidence. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

How do you define “force” in a rape case in Georgia? Force means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Lack of resistance, induced by fear, is force.

The elements of Rape in Georgia are 1) penetration, 2) force, and 3) against her will. If the person is underage, then force is implied. If the person is above the age of consent, but due to mental incompetence or severe intoxication, then finding of constructive force based on penetration.

The law on Rape in Georgia does not require physical injury or semen.

A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.

In addition, the person could be on the Sex Offender Registry for life.

A person convicted of rape can also be held to account for civil liability. Furthermore, if the rape was committed by the defendant while he was acting in his scope of his employment, his employer may also be held liable.


If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.
The statute of limitation for a prosecution of rape is 15 years.

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.

Protect Yourself from Financial Transaction Card Theft in Georgia

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We get calls all the time from people who have been charged in Georgia with taking your financial transaction (debit/credit) card information after you have voluntarily provided it to a business. You may have paid at the pump at a gas station, given your card to a fast food employee at the counter or a drive thru, or even paid for a product or service online only to find out that card has been compromised and unauthorized charges were placed on it.

Helpful tips to protect yourself from Financial Transaction Card theft!

But that’s all right. You can protect your financial transaction cards from theft in Georgia by following some basic steps.

  1. Be vigilant about checking your cards for unauthorized purchases. Every bank and credit card company has the ability to create an account where you can monitor your cards at your convenience. Depending on your activities that may be a daily monitoring or less frequently if you choose.
  2. Always choose credit over debit if that is an option with your debit card. Purchasing as a credit card offers additional protections that using a debit card does not.
  3. If you “pay at the pump” make sure the pump has not been tampered with. Most gas stations use tape to determine whether that pump has been compromised. If that tape has been broken, do not use your card at that pump.
  4. Be careful when you give your card to someone who takes your card from you to process payment. They could be copying your card information, taking pictures of your card, or even using your card in the time they have it in their possession.
  5. Make sure your PIN and passwords are secure. Do not use common PIN numbers or passwords. Change your passwords regularly. There are sites on the Internet that will tell you if a password you use has been compromised. Check those sites regularly. Consider using a password manager to manage your Internet presence.
  6. If you receive strange mail regarding accounts you have not opened or activated, do not ignore them, that could be someone attempting to steal your identity.

Give us a call today if you find yourself in a situation like this.

The best way to protect yourself from financial transaction card theft in Georgia is to be vigilant. Stay on top of your accounts. Monitor your activity. If you see something out of the ordinary, report it immediately. If you have any questions regarding your rights if your card information has been stolen, call our office at 404-581-0999. If you know where your card information was stolen, call the police.

Criminal Receipt of Goods and Services Fraudulently Obtained in Georgia

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While it’s clearly illegal to fraudulently purchase goods and services with forged and fake financial transaction cards, currency and other financial devices, it is also illegal in Georgia to receive money, goods, services, or anything of value when you know that these goods were fraudulently obtained.

What’s the law on criminal receipt?

O.C.G.A. section 16-9-35 reads A person commits the offense of criminally receiving goods and services fraudulently obtained when he receives money, goods, services, or anything else of value obtained in violation of subsection (a) of Code Section 16-9-33 with the knowledge or belief that the same were obtained in violation of subsection (a) of Code Section 16-9-33.

If you are found guilty of the criminal receipt of goods and services fraudulently obtained in Georgia you are guilty of a felony and can potentially serve prison time.

As with all fraud and forgery crimes we have discussed so far, knowledge and intent are essential elements of committing this crime. The State must be able to prove beyond a reasonable doubt that you had the required intent to commit the crime, which in this case would be the knowledge that the goods or services were fraudulently obtained before receiving them, or once aware they were fraudulently obtained to return the goods or alert authorities.

Call us today!

If you believe you may be under investigation or have already been charged with criminal receipt of goods and services, please call our office immediately at 404-581-0999 to schedule a free consultation.

Aggravated Child Molestation

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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. 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.

What’s the Law?

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.

Sentencing

If you are convicted of aggravated child molestation, 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 State 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.

Entering an Automobile: Theft and More

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Entering an Automobile in Georgia

Entering an automobile is a theft crime under Georgia law. It is defined as the entering of any automobile or other motor vehicle with the intent to commit a theft or felony.

Usually, people under indictment for this offense are accused of breaking into cars to steal property. The State does not have to prove they actually stole anything, just that they had the intent to steal property when entering into the car.

But it was my own car?

Interestingly enough, a person can be charged with entering into their own vehicle to commit a theft or felony. The State does not have to establish lack of authority to enter a car because the statute makes no distinction between authorized and unauthorized entry.

This means you, as a defendant, could be accused of Entering an Automobile if the State alleges you entered your own car with the intent to, say, steal the laptop your friend left in your car. Once again, the State would not have to prove you actually stole the laptop, only that you intended to commit steal it.

Remember the law defines Entering an Automobile as entering a car with the intent to commit a theft or felony. This would contemplate a scenario in which someone entering a car (either their own or someone else’s) to commit rape, murder, aggravated assault, etc.

What’s My Defense?

The law defines Entering by Automobile as a felony or a misdemeanor at the judge’s discretion. This is important because it means your attorney, in the context of a negotiated plea, can (and should) ask the judge for misdemeanor sentencing, thus allowing you to avoid felony conviction (or wasting your first offender on what could’ve been a misdemeanor).

If you or someone you know has been charged with entering an automobile contact our office today for a free consultation.

by Sarah Armstrong

Theft by Deception

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What is Theft by Deception?

In Georgia, a person commits Theft by Deception when the obtain property by any deceitful means or artful practice with the intention of depriving the owner of said property. At trial, the state must prove beyond a reasonable doubt that the accused intended to deceive. According to the statute intentional deception is demonstrated when the accused:

  1. Creates or confirms false impressions, which he knows or believes to be false; or,
  2. Fails to correct false impression previously created or confirmed
  3. Prevents another from acquiring information pertinent to disposition of property; or,
  4. Sells, transfers, or encumbers property intentionally failing to disclose a legal impediment that is or is not a matter of official record, or,
  5. Promises performance of services, which he does not perform and/or knows will not be performed.

In plain language, a person commits theft by deception when they get property (or money) from someone by deceiving them. Here’s a scenario to illustrate:

An Example

You’re in the market for a grandfather clock for your living room. You see one for sale on craigslist and reach out to the seller. You and the seller strike a deal for the clock. You send him the money via PayPal and go to the seller’s antique store to pick up the clock. When you arrive, you’re informed that the clock is not for sale. In fact, the clock does not even belong to the seller. Here, the seller acquired money from you by deceiving you into believing the clock was his to sell.

An Alternative Example

On the flip side, let’s say you’re the seller in this scenario. You, the seller, and your brother sell antiques out of the store. You’re brother purchased the grandfather clock and put it in the store. So, you assumed your brother wanted to sell the clock pursuant to your antique business. Turns out you sold a clock he did not want to sell. Your defense in this scenario is that you, the accused seller, did not intend to deceive the clock’s buyer because you genuinely thought the clock was for sale by your antique-selling partner.

 The moral of the story here is to always make sure that if you sell something that was procured by someone else, make sure that person actually want to sell it before you sell it to a customer. Otherwise, you might face charges for theft by deception.

If you or someone you know has been charged with theft by deception or any other theft charge contact our office today for a free consultation.

by Sarah Armstrong

Violation of Georgia Gang Act

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Are you or is someone you love facing gang related charges in the State of Georgia?  If so, it’s important to know the law and how you will be prosecuted. A good starting place is simply to read what the State must prove in order to charge you with these crimes.

What is the Law?

To prove you violated the Georgia Street Gang Act the State is required to show four things:

  1. The State must prove the existence of a criminal gang.  Georgia defines “criminal street gang” as “any organization, association, or group of three or more persons that engages in criminal gang activity.” “Criminal gang activity” includes the commission or attempted commission of certain offenses, including any crime“that involves violence, possession of a weapon, or use of a weapon;”
  2. you were, in fact, a member of the“criminal gang;”
  3. you committed a predicate act of“criminal gang activity,” examples of a predicate act include Murder, armed robbery, robbery, aggravated assault, aggravated battery, battery, and simple battery, Georgia law makes it unlawful to participate in criminal gang activity through the commission of any of the following offenses: racketeering,stalking, rape, aggravated sodomy, possessing or distributing dangerous instrumentalities such as knives and guns, posting gang-related graffiti, or committing any criminal offense involving violence or the possession or use of a weapon, among other things;
  4. the commission of the predicate act was intended to further the interests of the “criminal gang.” Simply being a gang member and committing the offense is not enough.

Assuming you are guilty beyond a reasonable doubt of the predicate act, the battle lines are twofold.  One, that you are a member of the gang that engages in criminal activity. Two, that the act was to further the interests of the criminal gang. 

What’s My Defense?

In my experience, the second battle line is where we generally focus the majority of our efforts. Most of the evidence presented by the state that your conduct is furthering the interests of the gang comes from expert testimony – law enforcement mainly regurgitate what they are told from their training and unreliable statements of former arrestees.

 The defense is at a disadvantage to combat the state’s expert.  First, the defense needs to hire their own expert to combat what is said, but defense experts on gang activity are often scarce and expensive. Secondly, it is near impossible to get a current or former gang member to come to court to testify as to what the interest of the gang may be.  I cannot imagine a situation where a current gang member is going to testify in open court as to his experience. 

Call Us Today

This being said, we have a team of attorneys that are fully prepared to handle your case, and have done so Atlanta and surrounding counties. If you find that you are being prosecuted for gang activity, please call our office at 404-581-0999 for your free consultation.

by Scott Smith 

Pre-Trial Diversion in Georgia

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Being arrested for the first time can be one of the most stressful experiences in one’s life. An arrest has the potential to change everything – where you work, go to school, your car insurance, where you live, and how others see you. If this is the first time you have found yourself in the position, do not walk into court and plea Guilty or Nolo Contendere, because there may be another option for you. A Georgia criminal defense attorney may be able to negotiate something different – something that doesn’t require you to plead guilty. If you enter a plea of Guilty or Nolo, the arrests and convictions do not age off your record; they remain on there forever. There are only a few ways that an arrest is restricted off your record from the public seeing it. Participating in a pretrial diversion program is one of those ways and might be an option to explore for your criminal case. Several counties and cities across Georgia have pretrial diversion programs designed to give you a second chance, and serve as an alternative to jail and convictions.

Pretrial diversion is an alternative to the traditional court process. It allows some first offenders, and even still others who have a history, to complete requirements prior to a court date in exchange for their case being completely dismissed. Requirements may include community service, theft class, or anger management. Pretrial diversion may be available for you if you were arrested in Georgia for Possession of Marijuana, Possession of drugs, Shoplifting, Battery, Assault, Minor in Possession, and the list goes on. A criminal defense attorney who is knowledgeable with the court can negotiate that the prosecutors potentially divert you from prosecution altogether, resulting in your case being dismissed.

Once you successfully complete a pretrial diversion program in Georgia as a first offender, the arrest itself disappears off your criminal record from the public’s view, and you can truthfully state with pride that you have never been convicted of a crime before. Your case will be dismissed in its entirety and you can breathe a sigh of relief.

If you are interested in resolving your case through pretrial diversion in Georgia, call us today for a free consultation at 404-581-0999. W. Scott Smith and his team have years and years of experience negotiating clients into pretrial diversion programs with the most favorable terms, even if the clients were ineligible under the State’s traditional guidelines.

 

by Mary Agramonte

Marijuana Possession in Georgia

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by Mary Agramonte

Even as the nationwide trend moves to legalization and decriminalization, possession of marijuana remains illegal in the State of Georgia. In most jurisdictions across the state, a possession of marijuana charge in Georgia will land you in jail, forcing you to dish out hundreds or thousands of dollars in bond money to be released. If you later plead or are found guilty, you can expect high fines, at least 12 months of probation, community service, drug evaluations, costly classes, and depending on your record, even more jail time.  An experienced criminal defense attorney has the ability to alleviate this by evaluating your defenses and advocating on your behalf.

If you have been arrested or cited for possession of marijuana less than an ounce, call the leading defense firm W. Scott Smith to protect your rights, your wallet, and your criminal history. A nolo contendere charge will not keep the charge off your record, and will not eliminate punishment. There are defenses beginning with the reason the officer stopped you, how the search was conducted, even down to the testing of the marijuana found. Being convicted of any crime can be detrimental to your future. Call us today for a free case evaluation at 404-581-0999.