Category Archives: Blog

Involuntary Intoxication

SOMETIMES INTOXICATION IS A DEFENSE In the Georgia Code, the legislature has set forth numerous defenses to criminal prosecutions.  One of the defenses I get numerous questions about is that of intoxication.  Most people are curious if being under the influence of some substance forms a valid excuse for the commission of a crime.  My

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Aggravated Assault

WHAT IS AGGRAVATED ASSAULT?             Over my years of practice, I have found that aggravated assault is one of the most commonly charged violent crimes.  I am asked on numerous occasions, “what is aggravated assault”?  In this article, I would like to briefly discuss this very broadly defined crime. Under O.C.G.A. § 16-5-21, a person commits aggravated

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Cruelty to Children in the Third Degree

THE DEGREES OF CRUELTY TO CHILDREN PART 2             For the last two weeks, I’ve been summarizing and explaining the crime of cruelty to children.  This week I’m going to finish up this series by discussing cruelty to children in the third degree.  This crime is a misdemeanor and is the least severe of the

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Cruelty to Children in the Second Degree

THE DEGREES OF CRUELTY TO CHILDREN PART 2             In my last article, I began a discussion of the crime of cruelty to children.  I began by defining and explaining cruelty to children in the first degree.  This week I would like to do the same for cruelty to children in the second degree. O.C.G.A.

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Cruelty to Children in the First Degree

THE DEGREES OF CRUELTY TO CHILDREN PART 1             In Georgia, there are several crimes whose severity is measured in degrees.  For example, forgery in the first degree is more severe that forgery in the second degree.  Cruelty to children is another crime that is defined in three different ways or degrees.  Cruelty to children

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Cruelty to Animals, Part II

ANIMALS ARE PROTECTED UNDER GEORGIA LAW TOO: PART 2             Last week I briefly discussed Georgia’s statute regarding misdemeanor cruelty to animals.  This week I want to define and explain what constitutes a felony aggravated cruelty to animals under Georgia law.  The distinction is minor but it makes a big difference in the criminal penalty

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Cruelty to Animals

ANIMALS ARE PROTECTED UNDER GEORGIA LAW TOO Throughout this country, few criminal cases ignite more emotion than those involving harm to animals.  Whether it be a high profile case such as the one against Michael Vick for dog fighting or the recent case involving a person taping a dog’s mouth closed, people focus in on

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Theft of Lost or Mislaid Property

THE OLD SAYING “FINDERS KEEPERS” COULD MEAN A CRIMINAL CHARGE As a child, most of us remember using the saying “finders keepers.” Even today, many people believe if they find some really valuable item simply lying around, then there is no harm in keeping it. Georgia law, however, says differently. So, this week I’m going

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Basic Instructions in Car Wreck Cases

Over the past few weeks I’ve talked to quite a few people regarding their car accidents.  I’ve had fender benders in my life and dealing with insurance companies isn’t pleasant; even when it is your own insurance company.  The stakes increase when you have been injured in a wreck.  The blatant truth of the matter

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Civil Shoplifting Penalties

SHOPLIFTING RESULTS IN MORE THAN A CRIMINAL SENTENCE             Around the holidays, I wrote an article on shoplifting and the potential criminal penalties thereof.  Most people understand that if they are caught shoplifting, then they will face a sentence being imposed on them.  However, many people don’t understand the potential civil penalties available to retail

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