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Statutory Rape in Dekalb County

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

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

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

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

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

 

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Statutory Rape in Cherokee County

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Statutory Rape in Cherokee County is a serious crime in Georgia.

O.C.G.A. § 16-6-3 defines Statutory Rape as engaging in sexual intercourse with any person under the age of 16 years old who is not your  spouse.

Statutory Rape requires corroboration and cannot stand solely on the unsupported testimony of the victim.

In Georgia, it is not a defense to Statutory Rape that the accused believed the victim was of the age of consent.

Many people have the idea that if they have consensual sex, then they did not break the law. That is not true.  Individuals who commit statutory rape in Cherokee County can face serious felony charges. In addition to a prison sentence, a person faces being put on the Sex Offender Registry and has limits on housing and job opportunities and loses their right to vote and own a firearm.

To be convicted of Statutory Rape in Cherokee County, it is not necessary to fully penetrate the vagina or to rupture the hymen. Only slight penetration of the vulva or labia is sufficient. Proof of force is unnecessary for statutory rape.

If you are arrested in Cherokee County for Statutory Rape, you will see a Cherokee Magistrate judge the following day. At this initial court date, the Cherokee Magistrate Judge will read the warrant to you and may consider bond. If bond is not given at first appearance, you will be reset to a preliminary hearing and bond hearing date in front of another Cherokee County Magistrate judge.

The punishment for Statutory Rape is very serious. O.C.G.A. § 16-6-3 mandates that the sentence be from 1 to 20 years in prison. If the defendant is 21 years or older, then the mandatory sentence is 10 years up to 20 years in prison with at least one year on probation. If the victim is at least 14 years old but less than 16 years old and the person convicted is 18 years old and is no more than 4 years older than the victim, then it is a misdemeanor and a maximum of 12 months in custody.

If the defendant is over 21 and convicted of statutory rape, he or she cannot plead under the First Offender Act.

If you face charges in Cherokee County for Statutory 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 Sex Offenses. You must protect your rights and take this matter very seriously.

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.

Enticing A Child for Indecent Purposes in Douglas County

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Enticing a child for indecent purposes is a serious crime in Douglas County. It is imperative that you retain a qualified attorney immediately if you are being accused of Enticing a child for an indecent act. Many allegations of enticing a child are false. Even if you know the allegation of enticing a child against you is made up, you still must take it very seriously and aggressively defend yourself. The Douglas County District Attorney’s office has a unit dedicated to prosecuting sex crimes.

O.C.G.A. § 16-6-5 defines Enticing a Child for indecent purposes as follows:

A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.

The Douglas County District Attorney must prove a joint operation of (1) the act of enticing a child and (2) the intention to commit acts of indecency or child molestation.

Enticing a Child for Indecent Purposes is different than Child Molestation because of the extra element of asportation. The asportation element is satisfied with the taking involving physical force, enticement or persuasion. The evidence must show some movement of the child. It can be slight movement.

Indecent Acts means illicit sexual conduct. Because the statute refers to both indecent acts and child molestation, it is reasonable to assume that indecent acts are different than acts punished by the child molestation statute.

Neither consent nor lack of knowledge of the child’s age is a defense to prosecution under the Enticing a Child statute.

The statute is intended to protect children from sexual predators. It is unlawful to entice any child under the age of 16.

The punishment for Enticing A Child is a mandatory of 10 years imprisonment up to 30 years and at least 1 year of probation.

The Douglas County District Attorney’s office vigorously prosecutes these cases.

Do not wait until the Douglas County District Attorney actually returns an indictment against you for Enticing a Child before seeking an attorney. It is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

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

Statutory Rape in Gwinnett County

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

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

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

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

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

Theft by Receiving Stolen Property in DeKalb County

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

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

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

Child Hearsay in Georgia

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If you are charged with child molestation, cruelty to children, or any crime, in Georgia, where a child is the alleged victim, the State will fie a Motion to Admit Child Hearsay testimony.

This is pursuant to O.C.G.A. 24-8-820. This status is the Georgia Child Hearsay Statute.

O.C.G.A. 24-8-820 reads as follows:

(a) A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at trial, unless the adverse party forfeits or waives such child’s testimony as provide in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.

All that is required is:

  1. Notice to the defendant of the State’s intention to use such statements.
  2. The child testifying at trial, unless the defendant waives it.
  3. The person to whom the statements were made is subject to cross-examination.

You will need to be prepared to challenge the credibility and the underlying facts of any witness who takes the stand against you and claims that the child made statements to them about the sexual contact or physical abuse. Do not waive the child’s presence at trial. Make the child testify.

In cases of child molestation, there is rarely physical evidence. The entire case comes down to credibility. It is the defendant’s credibility vs. the child’s and the child’s witness’s credibility. Do not forfeit the right to a thorough cross-examination of the child and their witnesses.

These child hearsay witnesses can include testimony of physicians, investigators, parents, other family members, forensic interviewers and any other person who spoke to the child about the allegations.

You must be prepared to challenge each of these statements.

Child Molestation and Cruelty to Children carry severe penalties in Georgia. Do not make statements to the police about the allegations. You must hire a qualified attorney and be prepared to vigorously fight your case at trial.

Please call us at 404-581-0999 if you are charged with any crime involving a child in Georgia.

Drug Trafficking Arrest at Hartsfield-Jackson Atlanta International Airport

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The repercussions of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport often extend far beyond the possibility of prison time and probation. While the legal system imposes penalties for drug-related offenses, individuals also face collateral consequences that can significantly impact their lives. These collateral consequences, ranging from barriers to employment and housing to social stigma and mental health challenges, highlight the complex and enduring effects of drug trafficking arrest at Hartsfield-Jackson’s Atlanta International Airport.

One of the most significant collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport is the challenge of securing employment. Many employers conduct background checks, and a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport will serve as a red flag, leading to discrimination in hiring processes. Even if individuals have served their time or completed rehabilitation programs, the stigma associated with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport can linger, hindering their ability to find gainful employment and support themselves and their families.

For individuals with a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport record, securing stable housing can be a daunting task. Landlords may be hesitant to rent to individuals with criminal records, fearing potential liabilities or disruptions to the community. As a result, those with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport histories may face housing discrimination, limited housing options, or even homelessness, exacerbating the cycle of poverty and instability.

The financial toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport extends beyond legal fees and fines. Individuals may struggle to obtain loans, financial aid, or housing assistance programs due to their criminal record. Moreover, the loss of income resulting from employment barriers can further strain financial resources, making it challenging to rebuild one’s life after a drug-related arrest.

The stigma surrounding drug trafficking arrest at Hartsfield-Jackson Atlanta International Airports can lead to social ostracization and isolation. Friends, family members, and community members may distance themselves from individuals with criminal records, perpetuating feelings of shame, loneliness, and alienation. This social stigma can impede reintegration into society and hinder access to support networks essential for rehabilitation and recovery.

The emotional toll of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport and its aftermath can contribute to mental health challenges such as depression, anxiety, and post-traumatic stress disorder (PTSD). Coping with the stigma, shame, and uncertainty associated with a criminal record can exacerbate existing mental health conditions or lead to the development of new ones. Without adequate support and resources, individuals may struggle to address these mental health challenges effectively.

 

Barriers to Education and Professional Licenses:

In addition to employment barriers, individuals with drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport records may encounter obstacles in pursuing education and obtaining professional licenses. Many educational institutions and licensing boards conduct background checks, and a criminal record can jeopardize admission or licensure. These barriers limit opportunities for personal and professional growth, perpetuating cycles of disadvantage and hindering efforts to break free from the repercussions of a drug-related arrest.

The collateral consequences of a drug trafficking arrest at Hartsfield-Jackson Atlanta International Airport are profound and enduring, affecting various aspects of individuals’ lives long after the legal process has concluded. From barriers to employment and housing to social stigma and mental health challenges, these consequences underscore the need for comprehensive reform and support systems to address the root causes of substance abuse and mitigate the far-reaching impacts of the criminal justice system.

If you have been arrested for drug trafficking, including marijuana trafficking, cocaine trafficking and heroin trafficking please contact our law office to review your legal options.  Our law office telephone number is 404-581-0999.  Ask for a free consultation on a drug trafficking arrest at the airport.

Theft by Receiving Stolen Property in Fulton County

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

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

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

Pre-trial Diversion: What Is It?

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Pre-trial diversion programs aim to provide individuals with an opportunity to address underlying issues that may have contributed to their involvement in a certain crime. It’s essentially an alternative pathway that allows for charges to be dismissed upon the completion of the program.

 

  • Eligibility: Not everyone is eligible. Pre-trial diversion programs are reserved for people in more minor offense crimes without an extensive criminal history.
  • Participation: If accepted, clients agree to participate in activities that include community service, drug and/or alcohol counseling, and educational programs like anger management classes or victim impact panels.
  • Supervision: Generally, participants are supervised by a case manager. If you are enrolled in a pre-trial diversion program, it is important to keep your case manager updated on any classes you’ve completed, or community service hours completed.
  • Consequences of failure: failure to comply with the program or committing another offense can result in reinstatement of the criminal charge and further prosecution.
  • Benefits: the main benefit of pre-trial diversion is to avoid criminal conviction. If you complete the program, your case and all the charges associated with the case are generally dismissed by the court. The program also provides an opportunity to rehabilitate behavior that could lead to further criminal convictions related to the original, underlying crime.

 

In general, pre-trial diversion programs offer a viable and attractive option for individuals who do not want a case to go to trial but want the charges dismissed by the court.

I’m being charged as an accomplice but I didn’t do anything

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Georgia law allows someone who did not directly commit a crime to be charged with the substantive offense. Most states call it being an accomplice, Georgia calls it party to a crime. However, merely being present when a crime is being committed is not enough to sustain a conviction.  To convict someone as a party to a crime, the state must prove beyond a reasonable doubt that the person 1) intentionally causes another person to commit a crime under circumstances where that person would not be guilty in fact or because of legal incapacity; 2) Intentionally aids or abets in the commission of a crime; or 3) intentionally advises, encourages, hires, counsels, or procures another to commit the crime.

All of that means that you actually have to do something to assist with the crime. For example, if you take a friend to the bank and while they are inside, they rob the bank. After the robbery, they get back into your car and tell you they robbed the bank. If you drive them away from the scene, you can be charged and convicted of the robbery even though you never stepped foot in the bank.

If you have been charged as a party to a crime, you need an experienced criminal defense attorney to fight for you. Give us a call at 404-581-0999 for a free case consultation.