Georgia Criminal Law

Georgia criminal law, on file

Every answer on the site, printed by the chapters of the Georgia Code it cites.

Answers on file
150
Code sections cited
345
Links between answers
361
  1. § 16-5 cited in 24 answers
  2. § 17-10 cited in 22 answers
  3. § 16-13 cited in 21 answers
  4. § 16-3 cited in 13 answers
  5. § 40-6 cited in 13 answers
  6. § 16-11 cited in 12 answers
  7. § 16-1 cited in 11 answers
  8. § 17-7 cited in 10 answers
  9. § 42-8 cited in 9 answers
  10. § 16-6 cited in 8 answers

The files

One file for each print: the answers that cite the chapter, newest first.

§ 16-5

cited in 24 answers

  1. Stalking and Aggravated Stalking in Georgia
  2. Vehicular Homicide and Feticide in Georgia
  3. Rape Shield Law in Georgia
  4. The Reasonable Person Standard in Georgia Criminal Law
  5. Pointing a Gun at Someone in Georgia
  6. Tolling for Minor Victims in Georgia Criminal Cases
  7. Proximate Cause and Superseding Cause in Georgia Criminal Cases
  8. Aggravated Battery in Georgia
  9. Georgia Homicide Hierarchy: Murder to Manslaughter
  10. Family Violence and Domestic Assault in Georgia
  11. Kidnapping and False Imprisonment in Georgia
  12. Assault and Battery Charges in Georgia
  13. Bail and Pretrial Detention in Georgia
  14. Parole Eligibility and Decisions in Georgia
  15. Homicide Mental States in Georgia
  16. Capital Punishment Procedure in Georgia
  17. Negligence Per Se in Georgia Criminal Cases
  18. Duress and Entrapment Defenses in Georgia
  19. Aggravated Assault Under Georgia Law
  20. Ordinary vs. Gross Negligence: Georgia Criminal Defense
  21. Assumption of Risk and Consent in Georgia Criminal Defense
  22. Aggravated Assault with a Deadly Weapon in Georgia
  23. Georgia First Offender Act
  24. Georgia Felony Sentencing Framework

§ 17-10

cited in 22 answers

  1. Probation Conditions and Revocation in Georgia
  2. Stalking and Aggravated Stalking in Georgia
  3. Vehicular Homicide and Feticide in Georgia
  4. Sex Offender Supervision in Georgia
  5. Sexually Dangerous Predator Commitment in Georgia
  6. Speedy Trial Rights and Demand in Georgia
  7. Theft by Deception in Georgia
  8. Pointing a Gun at Someone in Georgia
  9. Sex Offender Registration in Georgia
  10. Vehicular Homicide in Georgia
  11. Firearm Possession During a Felony in Georgia
  12. Family Violence and Domestic Assault in Georgia
  13. Kidnapping and False Imprisonment in Georgia
  14. Assault and Battery Charges in Georgia
  15. Parole Eligibility and Decisions in Georgia
  16. Intellectual Disability and the Death Penalty in Georgia
  17. Georgia Controlled Substance Schedules
  18. Capital Punishment Procedure in Georgia
  19. Negligence Per Se in Georgia Criminal Cases
  20. Early Termination of Probation in Georgia
  21. Georgia First Offender Act
  22. Georgia Felony Sentencing Framework

§ 16-13

cited in 21 answers

  1. Straw Purchases and Gun Trafficking in Georgia
  2. Possession vs. Distribution in Georgia Drug Cases
  3. Possession with Intent to Distribute in Georgia
  4. Restoring Firearm Rights in Georgia
  5. Drug-Free Zone Penalties in Georgia
  6. Firearm Possession During a Felony in Georgia
  7. Controlled Substance Classification in Georgia
  8. Bail and Pretrial Detention in Georgia
  9. Drug DUI Prosecution in Georgia
  10. Drug Trafficking Mandatory Minimums in Georgia
  11. Parole Eligibility and Decisions in Georgia
  12. Georgia Controlled Substance Schedules
  13. Conspiracy Charges in Georgia
  14. DUI Prosecution Theories in Georgia
  15. Field Test vs. Lab Results in Georgia Drug Cases
  16. Drug Conspiracy and Pinkerton Liability in Georgia
  17. Early Termination of Probation in Georgia
  18. Felon in Possession of a Firearm in Georgia
  19. Conditional Discharge for Drug Offenses in Georgia
  20. Georgia First Offender Act
  21. Georgia Felony Sentencing Framework

§ 16-3

cited in 13 answers

  1. Selective Prosecution and Entrapment by Estoppel in Georgia
  2. The Reasonable Person Standard in Georgia Criminal Law
  3. Stand Your Ground and Castle Doctrine in Georgia
  4. Self-Defense and Justification Under Georgia Law
  5. Insanity Defense and GBMI in Georgia
  6. Defense of Others in Georgia Criminal Law
  7. Necessity Defense in Georgia Criminal Cases
  8. Intoxication and Diminished Capacity in Georgia
  9. Criminal Negligence and Mens Rea in Georgia
  10. Georgia Citizen’s Arrest Law After 2021 Reform
  11. Duress and Entrapment Defenses in Georgia
  12. Assumption of Risk and Consent in Georgia Criminal Defense
  13. Comparative Fault and Criminal Defense in Georgia

§ 40-6

cited in 13 answers

  1. Vehicular Homicide and Feticide in Georgia
  2. Prine Law Group: Criminal Defense in Macon and Middle Georgia
  3. Repeat DUI Penalties in Georgia
  4. Proximate Cause and Superseding Cause in Georgia Criminal Cases
  5. Vehicular Homicide in Georgia
  6. Georgia Implied Consent Law and Test Refusal
  7. Drug DUI Prosecution in Georgia
  8. Criminal Negligence and Mens Rea in Georgia
  9. DUI Prosecution Theories in Georgia
  10. Negligence Per Se in Georgia Criminal Cases
  11. Ordinary vs. Gross Negligence: Georgia Criminal Defense
  12. CDL Holder DUI Consequences in Georgia
  13. Georgia First Offender Act

§ 16-11

cited in 12 answers

  1. Straw Purchases and Gun Trafficking in Georgia
  2. Restoring Firearm Rights in Georgia
  3. Pointing a Gun at Someone in Georgia
  4. Firearm Possession During a Felony in Georgia
  5. Georgia RICO Predicate Acts vs. Federal RICO
  6. Parole Eligibility and Decisions in Georgia
  7. Machine Guns and NFA Weapons in Georgia
  8. Merger Doctrine and Double Jeopardy in Georgia
  9. Digital Privacy Rights in Georgia Criminal Cases
  10. Georgia Constitutional Carry and Weapons Law
  11. Felon in Possession of a Firearm in Georgia
  12. Aggravated Assault with a Deadly Weapon in Georgia

§ 16-1

cited in 11 answers

  1. Straw Purchases and Gun Trafficking in Georgia
  2. Securities Fraud Prosecution in Georgia
  3. Self-Defense and Justification Under Georgia Law
  4. Warrantless Arrest and Probable Cause in Georgia
  5. Nolle prosequi (the prosecutor’s decision to drop charges) and Dual Sovereignty in Georgia
  6. Georgia’s Renewal Statute in Criminal Cases
  7. Assault and Battery Charges in Georgia
  8. Georgia RICO Predicate Acts vs. Federal RICO
  9. Merger Doctrine and Double Jeopardy in Georgia
  10. Double Jeopardy Protections in Georgia
  11. Felon in Possession of a Firearm in Georgia

§ 17-7

cited in 10 answers

  1. Plea Negotiation Protections in Georgia
  2. Speedy Trial Rights and Demand in Georgia
  3. Variance Doctrine in Georgia Criminal Cases
  4. Insanity Defense and GBMI in Georgia
  5. Bail and Pretrial Detention in Georgia
  6. Motion to Suppress Evidence in Georgia
  7. Intellectual Disability and the Death Penalty in Georgia
  8. Daubert Hearing and Forensic Challenges in Georgia
  9. Commitment Hearings and Grand Jury in Georgia
  10. Indictment Requirements in Georgia Criminal Cases

§ 42-8

cited in 9 answers

  1. Probation Conditions and Revocation in Georgia
  2. Technical vs. New Law Probation Violations in Georgia
  3. Sex Offender Registration and Electronic Exploitation in Georgia
  4. Sex Offender Supervision in Georgia
  5. Probation vs. Parole in Georgia
  6. Evidence at Probation Revocation Hearings in Georgia
  7. ALS Hearing After Georgia DUI Arrest
  8. Early Termination of Probation in Georgia
  9. Georgia First Offender Act

§ 16-6

cited in 8 answers

  1. Statute of Limitations for Georgia Criminal Charges
  2. Rape Shield Law in Georgia
  3. Tolling for Minor Victims in Georgia Criminal Cases
  4. Rape and Statutory Rape in Georgia
  5. Electronic Child Exploitation in Georgia
  6. Child Molestation Charges in Georgia
  7. Assumption of Risk and Consent in Georgia Criminal Defense
  8. Georgia Felony Sentencing Framework

Every answer

Newest first. Page 1 of 6.

  1. Straw Purchases and Gun Trafficking in Georgia

    4 min read cites 4 code sections

    Georgia's straw purchase statute, O.C.G.A. § 16-11-113, has two parts. Subsection (a) punishes knowingly trying to get a dealer to transfer a firearm to someone who is not the actual...

  2. Probation Conditions and Revocation in Georgia

    4 min read cites 6 code sections

    A Georgia court that probates a sentence sets its conditions under O.C.G.A. § 42-8-35 and keeps jurisdiction for the whole term under § 42-8-34(g). For an alleged violation, the officer...

  3. Prior Sexual Conduct Evidence in Georgia

    3 min read cites 3 code sections

    Under O.C.G.A. § 24-4-412, a complaining witness's past sexual behavior is inadmissible in prosecutions for listed sexual offenses unless one of four exceptions applies. The offering party, including the prosecution,...

  4. RICO Asset Forfeiture in Georgia

    4 min read cites 12 code sections

    Under O.C.G.A. § 16-14-7, all property used or intended for use in, derived from, or realized through a pattern of racketeering activity is subject to forfeiture to the State under...

  5. Stalking and Aggravated Stalking in Georgia

    5 min read cites 4 code sections

    A first stalking conviction is a misdemeanor unless the repeat-misdemeanor count in § 17-10-3.2 applies; any later one is a felony of one to ten years. Aggravated stalking is the...

  6. Plea Negotiation Protections in Georgia

    4 min read cites 3 code sections

    O.C.G.A. § 24-4-410 keeps four things out of evidence against a defendant: a withdrawn guilty plea, a plea of nolo contendere, statements in plea proceedings later withdrawn or set aside,...

  7. Technical vs. New Law Probation Violations in Georgia

    4 min read cites 2 code sections

    O.C.G.A. § 42-8-34.1, which limits revocation, does not use the term "technical violation". It sorts violations into three groups: a violation of a general condition (up to the remaining balance...

  8. Voir dire (the jury selection process) and Batson Challenges in Georgia

    4 min read cites 2 code sections

    Voir dire in a Georgia felony trial starts with the court's statutory questions; then, under O.C.G.A. § 15-12-133, each side may examine every prospective juror individually before challenging. A Batson...

  9. Sex Offender Registration and Electronic Exploitation in Georgia

    3 min read cites 4 code sections

    A felony conviction under Georgia's computer pornography and child exploitation statute, O.C.G.A. § 16-12-100.2, is a "dangerous sexual offense" that requires registration under § 42-1-12. A conviction punished as a...

  10. Vehicular Homicide and Feticide in Georgia

    4 min read cites 7 code sections

    When a crash causes the death of an unborn child in Georgia, the charge is feticide by vehicle under O.C.G.A. § 40-6-393.1, not homicide by vehicle. The State has to...

  11. Statute of Limitations for Georgia Criminal Charges

    3 min read cites 4 code sections

    O.C.G.A. § 17-3-1 sets Georgia's criminal deadlines: none for murder; seven years for other crimes punishable by death or life imprisonment, but 15 for forcible rape; four years for other...

  12. Sex Offender Supervision in Georgia

    6 min read cites 10 code sections

    In Georgia, supervision after a sex offense conviction draws on several statutes: § 17-10-6.2 requires a split sentence unless the judge departs and bars first offender treatment, § 42-8-35 lists...

  13. Rape Shield Law in Georgia

    3 min read cites 13 code sections

    Georgia's rape shield law, O.C.G.A. § 24-4-412, bars evidence of the complaining witness's past sexual behavior, both as direct evidence and on cross-examination, in prosecutions for the sexual offenses it...

  14. Standing to Challenge Searches in Georgia

    3 min read

    A person in Georgia can ask a court to suppress evidence only by showing that the search invaded that person's own Fourth Amendment interest: a reasonable expectation of privacy in...

  15. Spoliation of Evidence in Georgia Criminal Cases

    4 min read cites 2 code sections

    When the State loses or destroys evidence in a Georgia criminal case, the due process test depends on the evidence. For evidence that was only potentially useful, Arizona v. Youngblood...

  16. Prosecutorial Vindictiveness in Georgia

    3 min read

    Due process forbids punishing a defendant for using a legal right, and the federal rules on vindictiveness bind Georgia courts. After a successful appeal or a statutory retrial, a harsher...

  17. RICO Enterprise Definition in Georgia

    4 min read cites 2 code sections

    An "enterprise" under Georgia RICO, O.C.G.A. § 16-14-3(3), is any person, business, union, or other legal entity, or any group of individuals "associated in fact although not a legal entity",...

  18. Securities Fraud Prosecution in Georgia

    5 min read cites 10 code sections

    Securities fraud is a crime under the Georgia Uniform Securities Act of 2008, O.C.G.A. § 10-5-1 and following. The core prohibition is § 10-5-50; a willful violation is a felony...

  19. Pre-Accusation Delay in Georgia Criminal Cases

    3 min read

    Delay before an arrest or formal charge is outside the Sixth Amendment speedy trial right, so a Georgia defendant who challenges it relies on due process. In Wooten v. State...

  20. Selective Prosecution and Entrapment by Estoppel in Georgia

    5 min read cites 2 code sections

    Neither defense is written into Georgia's Code. Both come from the U.S. Constitution as the Supreme Court of the United States has applied it: selective prosecution from equal protection, entrapment...

  21. Prine Law Group: Criminal Defense in Macon and Middle Georgia

    4 min read cites 2 code sections

    Prine Law Group is a law firm at 740 Mulberry Street in downtown Macon. According to its website, it handles criminal defense, personal injury, and workers' compensation matters, and its...

  22. Public Safety Exception to Miranda in Georgia

    3 min read cites 1 code section

    An answer to a question asked before Miranda warnings can still be used when the question was prompted by an immediate concern for public safety. The exception comes from New...

  23. Sexually Dangerous Predator Commitment in Georgia

    5 min read cites 6 code sections

    In Georgia, "sexually dangerous predator" is one of three risk assessment classifications that the Sexual Offender Risk Review Board assigns under O.C.G.A. § 42-1-14. It adds registration duties, including an...

  24. Speedy Trial Rights and Demand in Georgia

    4 min read cites 3 code sections

    A Georgia defendant has two speedy trial routes. The constitutional right starts at arrest or formal charge and is judged by the four factors of Barker v. Wingo. The statutory...

  25. Self-Representation and Faretta Waivers in Georgia

    3 min read

    A defendant in Georgia may give up counsel and conduct his or her own defense. The Georgia Constitution protects the right to defend one's own cause "either in person or...