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

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.

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 

Violation of Weapons Carry Permit

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     Georgia law allows people to possess handguns inside their home, car, or place of business, without a weapons carry license (sometimes known as a“concealed carry permit”). Likewise, you are also lawfully allowed to carry a loaded gun on your body, but it has to be carried in an open and fully exposed way. The issue of carrying a weapon becomes illegal when you want to carry it in a concealed way.

Concealed Carry Permits 

           If you want to carry your loaded gun in your purse, brief case, book bag, or under your clothing, you will need to apply for a weapons carry license. If you are found to be in possession of a firearm in your purse, but you do not have a weapons license, you can be arrested for the offense of Carrying a Weapon without a Valid Weapons Carry license.

           Under O.C.G.A. § 16-11-126, Georgia treats a first offense of this as a misdemeanor charge, meaning the maximum penalty is $1,000 fine and 12 months in jail if convicted. Once convicted, you lose your right to lawfully carry your concealed weapon forever, so it is important to hire a defense team prevent the snowball effect of a conviction under this statute. If you are convicted for a second time for this crime within the past five years, Georgia treats it as a felony. Georgia law requires a prison sentence of two to five years on a second conviction.

Concealed Carry Limitations

           There are several places you cannot bring a concealed weapon despite having a valid weapons carry license. These places include courthouses, jail or prisons, and within 150 feet of polling places when elections are being conducted. Having a gun in these locations can also result in a misdemeanor charge despite having a valid weapons carry permit.  

           Concealed carry permits can be obtained through your local probate court. You must be 21 years or older to apply, and have lawful presence in the United States as well as be a resident in the County you apply.  You may be able to obtain a firearms license if you are between 18 and 21 if you are in active service with the military or have been honorably discharged. The probate court will run a criminal background check, which in some situations could result in you being ineligible for a carry permit.

Many States share reciprocity with Georgia as far as allowing you to carry in Georgia, with your out of state license. Those States are Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia,Wisconsin and Wyoming. Your Georgia firearms license will also be looked as valid in the states mentioned with reciprocity.

           If you have been arrested for Carrying a Weapon without a Valid Weapons Carry License, and have questions about your rights, then call the Law Office of W.Scott Smith. We will provide a free case evaluation.

by Mary Agramonte

Possession of Drug Related Objects

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What’s a drug related object?

It is not uncommon for an officer to search your car or home and not only arrest you for the marijuana or drugs they found, but also for Possession of Drug Related Objects. In Georgia, under O.C.G.A. § 16-13-32.2, it is illegal to possess objects used to smoke, store, ingest, manufacture, and conceal drugs with. The most common drug related object we defend against are the use of pipes, but other examples are syringes, grinders, and scales. Possession of a drug related object is a misdemeanor charge in Georgia, and can carry up to 12 months in jail and a $1,000 fine. Even if the pipe or other item does not have any residue in it, you can still be arrested. Even if there were no drugs found in the car, police officers will routinely arrest you nonetheless for any drug related object that comes up in the search.

What will my case look like?

The defense in these cases vary, but if the officer finds the paraphernalia or drug related object as a result of an unlawful search, then the drugs and the drug objects can be suppressed as what is referred to as fruit of the poisonous tree. Examples of unlawful searches include those without a warrant in some circumstances, or those with faulty search warrants. An experienced and aggressive criminal defense attorney can attack the search and seizure of the drug paraphernalia or drugs found during a search by police officers. If you or a loved one has been charged with possession of drugs or possession of drug related objects in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

by Mary Agramonte

Probation Revocation and Parole

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Can a judge revoke my probation when I have allegedly violated probation after being sentenced but I have not yet started my probation?  Can a judge revoke my probation where it goes non-report or suspended upon completion of doing an act (classes, drug screens or evaluation).

The question requires some explanation as to situations as to where this scenario may rear its ugly head.  Defendant is sentenced in one county to a sentence of 10 years to serve 2, balanced probated.  While client is in prison or on parole he commits a new crime; ie he gets charged with possession of drugs in prison.  Even though he has not started probation as he is under the department of corrections supervision he can still be revoked on the county level by the judge.  Here are a couple of additional scenarios where the judge has the ability to revoke probation even though you are not technically on probation:

Judge sentences you in Cobb County to probation to run Consecutive to your sentence in Paulding County.  You are currently serving time in Paulding County and have not yet started serving your probation in Cobb.  Nonetheless, you can be revoked in Paulding and Cobb for committing a new crime.

Similarly, where a judge suspends a sentence.  For example you get 5 year sentence suspended upon completion of an alcohol evaluation.  You violate your probation shortly after being placed on the suspended sentence – in this scenario you can be revoked for the five years less any time that has elapsed since your sentence started even if you have already completed the evaluation – where the court has not signed an order allowing suspension to commence.

OCGA 17-10-1 (a) provides: that the trial court has the power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including the authority to revoke the  [*630]  suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before the probationary period has beg

un.

Here are the reasons the court of appeals found persuasive on why  you can still be revoked even though you are not technically on reporting probation:

While probation may be considered a mild form of ambulatory punishment imposing meaningful restraints, its true nature is an act of judicial grace. The Legislature has granted to the judiciary discretionary power to grant probation as a means of testing a convicted defendant’s integrity and future good behavior. Unlike parole, granted by an administrative agency, probation is granted by the court when the sentencing judge deems the protection of society does not demand immediate incarceration. In cases where a convicted defendant’s “future good behavior” has already been compromised by the commission of another criminal act even before the formal probationary period begins, a trial court should not be required to allow such  defendant to serve a previously imposed probated sentence when the court deems the protection of society demands revocation.

by Scott Smith

 

False Identification in Georgia

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A couple times a month we receive a call from someone who receives a letter from the Department of Driver Services stating they are being investigated for providing fraudulent information, false identification, on their drivers license. That crime and others are covered in Official Code of Georgia Annotated (O.C.G.A.) 16-9-4; Manufacturing, Selling, or Distributing False Identification Documents.

What exactly does this mean?

Under O.C.G.A. 16-9-4 it is unlawful for any person to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document. It is also unlawful to make, alter, sell, distribute or deliver the identification document with intent to provide them for others. An identification document has to be issued by a government agency or by authority of the government and it must contain a name, and a description or photograph. Common identification documents include passports, VISAs, military IDs, driver’s licenses, or state issued ID cards. This also includes employer issues ID badges, if the badges contain a trademark or trade name and access cards that are unique to specific individuals.

What will happen?

Anyone found guilty of possessing an identification document for their own use would be guilty of a misdemeanor. If you’ve made, altered or sold identification documents for others, they you would be guilty of a felony. Also, if you’re found to use property to help you in violating this code section, you can be subject to civil forfeiture of the property used to aid in possessing, making, altering, or selling these identification documents.

 

If you’ve been charged or are worried you are going to be charged with an identification document violation in Georgia, call us today for a free consultation at 404-581-0999.

 

by Ryan Walsh

Child Abuse Registry in Georgia

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If you are charged with a crime involving child abuse or sexual abuse of a child then you will likely be receiving notice of your inclusion on the Child Protective Services Information System (Child Abuse Registry).

It is important that you contact an attorney immediately upon receiving this notice. You only have 10 days to challenge your name being on the Child Abuse Registry. If you respond within 10 days by requesting a hearing challenging your name being on the Child Abuse Registry then you will receive a court date. This written request must contain your current address and telephone number so that you may be notified of the date of your hearing.

This court date is in front of an Administrative Law Judge. At this hearing, you may present evidence as to why you do not think your name should be included on the Child Abuse Registry.When a DFACS office receives a report that you are alleged to have committed child abuse or sexual abuse of a child, then your name will be entered on the Child Abuse Registry.

Child Abuse means:

Physical injury or death inflicted upon a child by a parent or caretaker thereof by ot

her than accidental means, and this shall be deemed to be physical abuse for purposes of the classification required by paragraph (4) of subsection (b) of Code Section 49-5-183; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; Neglect or exploitation of a child by a parent or caretaker thereof if said neglect or exploitation consists of a lack of supervision, abandonment, or intentional or unintentional disregard by a parent or caretaker of a child’s basic needs for food, shelter, medical care, or education as evidenced by repeated incidents or a single incident which places the child at substantial risk of harm, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (b) of Code Section 49-5-183

 

Sexual Abuse of a Child means:

Sexual abuse” means a person’s employing, using, persuading, inducing, enticing, or coercing any minor who is not that person’s spouse to engage in any act which involves:

(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(B) Bestiality;

(C) Masturbation;

(D) Lewd exhibition of the genitals or pubic area of any person;

(E) Flagellation or torture by or upon a person who is nude;

(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude;

(G) Physical contact in an act of apparent sexual stimulation or gratification with any person’s clothed or unclothed genitals, pubic area, or buttocks or with a female’s clothed or unclothed breasts;

(H) Defecation or urination for the purpose of sexual stimulation;

(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; or

This law was established on July 1, 2016 and is listed under O.C.G.A. 49-5-182.

If you face charges of either sexual abuse or child abuse, then it is imperative that you speak to a qualified attorney immediately. Do not speak to anyone about the allegations except with your attorney. You are facing criminal charges in Superior Court and a hearing on your inclusion with the Child Protective Services Information System (Child Abuse Registry) in front of the Office of State Administrative Hearings.

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.

 

by Mike Jacobs

 

Forgery Laws in Georgia

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by Ryan Walsh

There are four degrees to the offense of Forgery in the State of Georgia.

Forgery in the first and second degree involves the making, possession or alteration of a writing other than a check in a fake name or in a manner that alleges the document was made by another person at another time without the authority of that other person. It is forgery in the first degree if that writing is used, presented , or delivered; and forgery in the second degree if it is never used, presented or delivered.

To be found guilty of forgery in the first or second degree you have to have knowledge that the writing is forged and that you have made, possessed or altered the document with the intent to defraud another party.

Forgery in the third and fourth degrees involve the same elements of forgery discussed above but the writing involved is a check.  If the check is for $1,500 or more or you have ten or more checks in your possession then you will be charged with forgery in the third degree. If the check is for less than $1,500 or you have less than ten checks in your possession then you will be charged with forgery in the fourth degree.

Forgery in the first through third degrees is a felony offense in the State of Georgia. Forgery in the fourth degree is a misdemeanor offense.

If you’ve been contacted by a law enforcement official about a potential issue at a bank it is important that you exercise your right to remain silent and call a lawyer immediately to discuss your case, your options, and potential outcomes.

Being convicted of a forgery charge can impact your ability to gain future employment or obtain professional certifications in the State of Georgia.

Our office of Georgia criminal defense attorneys have experience in defending forgery and fraud crimes. Call us today at 404-581-0999 for a free consultation.