Georgia Criminal Law
Georgia defines what behavior is considered criminal, and provides the corresponding punishments in a series of statutes in the Official Code of Georgia, Annotated. The OCGA provides detailed explanations of crimes, punishments, and criminal procedure. The information below is an overview of selected Georgia criminal law, for more specific information you should contact a Georgia criminal defense attorney.Drug Possession in GeorgiaPossession and sale of drugs in Georgia can result in steep consequences such as felony convictions and jail time. Georgia administers penalties that vary across different drugs, quantities, and intentions of the accused:
Possession of Marijuana in Georgia
Georgia law does allow a judge at trial court discretion for first offenders that could lead to probation and required counseling sessions in lieu of jail time; however, the decision is up to a judge. It is advisable to discuss your options with a Georgia criminal defense attorney.
Assault in Georgia
In Georgia, assault occurs when a person intentionally causes a reasonable fear of imminent harm in another, or attempts to commit violent injury to another but does not succeed in causing physical harm. Assault in Georgia is a misdemeanor punishable by up to one year in jail, and a fine of up to $1,000. Assault can be considered aggravated assault in Georgia, if the assailant uses a weapon, or commits the assault with the intent to rob, rape, or murder. Aggravated assault is a felony punishable by one–20 years in prison depending on the circumstances.Battery in Georgia arises when the assailant actually causes harm to the victim. A simple battery in Georgia is a misdemeanor punishable by up to one year in jail and a $1,000 fine. Aggravated battery in Georgia arises when the assailant does serious physical harm that deprives a victim of use of a body part, or seriously disfigures a victim. Aggravated battery in Georgia is a felony punishable by one–20 years in prison.
Georgia Drunk Driving–DUIA
DUI in Georgia is not something to be taken lightly as a first offense can result in serious consequences such as jail time between 10 days–12 months, a fine up to $1,000, community service, completion of a DUI risk program, suspension of license, and probation up to 12 months. If a defendant has a past DUI conviction history, the consequences increase. For questions or concerns, contact a Georgia DUI attorney.
Right to Jury in Georgia
The Georgia constitution grants a defendant has a right to a jury trial in felony cases. For some misdemeanor offenses, the defendant will have a trial in front of a magistrate court without a jury. A defendant in these cases may request a jury via a written request made to the judge.
Trial Date in Georgia
Georgia law provides that a defendant is entitled to a speedy trial; however, the defendant is required to affirmatively demand in writing that this right is granted. If a defendant files a document with the court demanding a speedy trial, the case will be tried in the court term when the demand is made, or the succeeding court term. For more information contact a Georgia criminal defense attorney.Sentence Review / Appeals in GeorgiaA Georgia defendant may appeal a conviction in order to have a higher court review the decision for errors of law such as a judge's denial of motions, suppression of evidence, or instructions to the jury. The appeal process requires specific procedures to be completed within a certain timeframe, so contact a Georgia defense attorney with specific questions.
Official Code of Georgia Annotated
Click here for the Official Code of Georgia