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.
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Probation vs. Parole in Georgia
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...
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Variance Doctrine in Georgia Criminal Cases
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...
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Possession vs. Distribution in Georgia Drug Cases
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...
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Post-Conviction Remedies in Georgia
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...
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Possession with Intent to Distribute in Georgia
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...
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Theft by Deception in Georgia
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...
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The Reasonable Person Standard in Georgia Criminal Law
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...
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Stand Your Ground and Castle Doctrine in Georgia
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...
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Prior Convictions and Character Evidence in Georgia
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...
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Restoring Firearm Rights in Georgia
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...
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RICO and Street Gang Prosecution in Georgia
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...
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Terry Stops and Consensual Encounters in Georgia
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...
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State Habeas corpus (a court petition challenging the legality of detention) in Georgia
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...
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Pointing a Gun at Someone in Georgia
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...
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Warrantless Vehicle Searches in Georgia
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...
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Prior Bad Acts Under Rule 404(b) in Georgia
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...
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Tolling for Minor Victims in Georgia Criminal Cases
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,...
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Successive Habeas Petitions in Georgia
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...
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Right to Counsel in Georgia Criminal Cases
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"...
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Repeat DUI Penalties in Georgia
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...
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Sex Offender Registration in Georgia
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...
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Rape and Statutory Rape in Georgia
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...
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Proximate Cause and Superseding Cause in Georgia Criminal Cases
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...
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Vehicular Homicide in Georgia
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...
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Self-Defense and Justification Under Georgia Law
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...