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

Every answer

Newest first. Page 2 of 6.

  1. Probation vs. Parole in Georgia

    3 min read cites 5 code sections

    In Georgia, probation is part of the sentence a court imposes, and parole is release from prison granted by the State Board of Pardons and Paroles. The sentencing judge keeps...

  2. Variance Doctrine in Georgia Criminal Cases

    3 min read cites 1 code section

    A variance is a difference between what a Georgia indictment alleges and what the State proves at trial. In De Palma v. State (1969), the Supreme Court of Georgia adopted...

  3. Possession vs. Distribution in Georgia Drug Cases

    3 min read cites 3 code sections

    O.C.G.A. § 16-13-30 splits drug conduct into two offenses. Subsection (a) makes it unlawful to "purchase, possess, or have under his or her control" a controlled substance; subsection (b) covers...

  4. Post-Conviction Remedies in Georgia

    4 min read cites 11 code sections

    After a Georgia conviction, four review routes are a motion for new trial and a direct appeal, then state habeas corpus, then federal habeas corpus. They are not a strict...

  5. Possession with Intent to Distribute in Georgia

    4 min read cites 2 code sections

    To convict someone of possession with intent to distribute under O.C.G.A. § 16-13-30(b), the State must prove knowing possession and an intent to distribute. On intent, the Georgia Court of...

  6. Theft by Deception in Georgia

    4 min read cites 6 code sections

    Theft by deception under O.C.G.A. § 16-8-3 is obtaining property "by any deceitful means or artful practice with the intention of depriving the owner of the property." Deception includes silence...

  7. The Reasonable Person Standard in Georgia Criminal Law

    3 min read cites 4 code sections

    Georgia criminal law uses "reasonable" in at least four different jobs, and each asks a different question. Self-defense asks whether the defendant's belief that force was necessary was reasonable. Voluntary...

  8. Stand Your Ground and Castle Doctrine in Georgia

    5 min read cites 9 code sections

    Georgia's stand your ground rule is O.C.G.A. § 16-3-23.1: a person whose force is justified under the self-defense, habitation, or property statutes "has no duty to retreat". The castle doctrine...

  9. Prior Convictions and Character Evidence in Georgia

    4 min read cites 6 code sections

    Georgia's general rule, O.C.G.A. § 24-4-404(a), keeps out evidence of a person's character offered to prove the person acted in conformity with it on a particular occasion, subject to listed...

  10. Restoring Firearm Rights in Georgia

    4 min read cites 3 code sections

    Georgia's firearm ban for people with felony records, O.C.G.A. § 16-11-131, has three exits. A first offender or conditional discharge sentence ends the ban at discharge. A pardon ends it...

  11. RICO and Street Gang Prosecution in Georgia

    5 min read cites 6 code sections

    Georgia's Street Gang Terrorism and Prevention Act, O.C.G.A. § 16-15-1 and following, and Georgia RICO, § 16-14-1 and following, are separate statutes, but they are linked by definition: every offense...

  12. Terry Stops and Consensual Encounters in Georgia

    4 min read

    Georgia courts sort police encounters into three tiers, each needing a different justification: a consensual conversation needs none, a brief investigative stop needs reasonable suspicion, and an arrest needs probable...

  13. State Habeas corpus (a court petition challenging the legality of detention) in Georgia

    4 min read cites 5 code sections

    State habeas corpus, under O.C.G.A. § 9-14-42, lets a person imprisoned under a Georgia sentence claim that the proceedings leading to the conviction involved a substantial denial of federal or...

  14. Pointing a Gun at Someone in Georgia

    4 min read cites 4 code sections

    Pointing a gun at another person without legal justification is a misdemeanor under O.C.G.A. § 16-11-102, whether the gun is loaded or not. The same act becomes the felony of...

  15. Warrantless Vehicle Searches in Georgia

    3 min read

    Georgia police may search a car without a warrant when they have probable cause to believe it contains contraband or evidence, under the automobile exception. The Supreme Court of Georgia...

  16. Prior Bad Acts Under Rule 404(b) in Georgia

    4 min read cites 5 code sections

    Under O.C.G.A. § 24-4-404(b), evidence of other crimes, wrongs, or acts cannot be used to prove a person's character to show action in conformity with it, but it may be...

  17. Tolling for Minor Victims in Georgia Criminal Cases

    3 min read cites 6 code sections

    For listed crimes against a victim under 16, O.C.G.A. § 17-3-2.1 sets two rules depending on the date of the crime. For crimes from July 1, 1992, through June 30,...

  18. Successive Habeas Petitions in Georgia

    3 min read cites 2 code sections

    A second state habeas petition in Georgia is limited by O.C.G.A. § 9-14-51: every ground must be raised in the original or amended petition, and a ground left out is...

  19. Right to Counsel in Georgia Criminal Cases

    3 min read cites 2 code sections

    A person charged with a crime in Georgia has a right to counsel under both the Sixth Amendment and the Georgia Constitution, which guarantees "the privilege and benefit of counsel"...

  20. Repeat DUI Penalties in Georgia

    5 min read cites 5 code sections

    Georgia counts prior DUI convictions by arrest dates. The criminal lookback in O.C.G.A. § 40-6-391(c) is ten years, measured "from the dates of previous arrests for which convictions were obtained...

  21. Sex Offender Registration in Georgia

    7 min read cites 5 code sections

    In Georgia, a registrant must comply with O.C.G.A. § 42-1-12 "for the entire life of the sexual offender, excluding ensuing periods of incarceration" unless a superior court grants release under...

  22. Rape and Statutory Rape in Georgia

    3 min read cites 4 code sections

    Rape under O.C.G.A. § 16-6-1 is carnal knowledge of a female forcibly and against her will, or of a female under ten. Statutory rape under § 16-6-3 is sexual intercourse...

  23. Proximate Cause and Superseding Cause in Georgia Criminal Cases

    4 min read cites 3 code sections

    Three men allegedly set out to rob a drug dealer at gunpoint; the dealer was armed too and shot one of them dead. Could the other two be tried for...

  24. Vehicular Homicide in Georgia

    4 min read cites 8 code sections

    Georgia's homicide by vehicle statute, O.C.G.A. § 40-6-393, sorts a traffic death by the law that was broken. DUI, reckless driving, passing a stopped school bus, fleeing police, or leaving...

  25. Self-Defense and Justification Under Georgia Law

    5 min read cites 10 code sections

    In Georgia, force is justified under O.C.G.A. § 16-3-21(a) when a person reasonably believes it is necessary to defend against another's imminent use of unlawful force. Outside § 16-3-23's habitation...