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CASES WE HANDLE
CRIMES AGAINST THE PERSON

Homicide

An unlawful killing or causing the death of a human being by another human being.

Murder

A homicide committed with malice aforethought (that is, the murderer planned or intended to kil the victim).

Death or life imprisonment

Felony Murder

A homicide committed while committing a felony (for example, armed robbery or rape).

Death or life imprisonment

Voluntary Manslaughter

A homicide committed when the person acts as the result of a "sudden, violent, and irresistable passion" resulting from provocation sufficient to cause it (for example, a homicide resulting from a family quarrel)

1 - 20 years

Involuntary Manslaughter

A homicide committed unintentionally while committing an unlawful act other than a felony (for example, a homicide accidentally resulting from someone firing a gun in the city limits, a misdemeanor).

OR a homicide committed unintentionally by committing a lawful act in an unlawful manner likely to cause death or serious bodily harm.

1-10 years

As misdemeanor**

Kidnapping


The abducting or stealing away of any person without lawful authority and the hoding of that person against his or her will.

Kidnapping a person for ransom or injuring the person kidnapped.

10-20 Years

Life imprisonment

Simple Assault

An attempt to violently injure onothr or an act that makes another fear immediate violent injury.

As misdemeanor.*

Aggravated Assault

Assault with intent to murder, rape, or rob with a deadly weapon.

If victim is 65 or over.

If victim is a police officer.

1-20 years

3-20 years

5-20 years

Aggravated Battery

Maliciously harming another by depriving the person of a member of body, rendering member of body useless, or seriously disfiguring body or a member thereof.

If victim is 65 or over.

If victim is a police officer.

1-20 years

3-20 years

5-20 years

CRIMES AGAINST OR IN RELATION TO PROPERTY

Trespassing

Essentially, entreing upon the premises or land or vehicle (for example auto, railroad car, aircraft, or watercraft) of another knowingly and without authority for an unlawful purpose or after being forbidden to do so. Trespass can also be not leaving when notified to leave another's property.

Intentionally damaging the property of another (damages of $500 or less) or interfering with another's holding or use of property. In both cases, the acts would be without consent of the property holder.

As misdemeanor.*

Arson

Knowingly damaging or causing another person to damage certain sttructures by means of fire or explosives.

First Degree: Harm to a place where people live or damage to a building that has a security interest or is insured.

Second Degree: Harm to other types of property (that is, other buildings, vehicles, watercraft, aircraft, etc.)

Third Degree: damange to personal property valued at $25 or greater by fire or explosion.

1-20 years or up to $50,000 fine or both

1-10 years or up to $25,000 fine or both

1-5 year or up to $10,000 fine or both

CRIMES INVOLVING SEXUAL OFFENSE

Forcible Rape

Occurs when a person has carnal knowledge (sexual intercourse) by force against the victim's will.

10-20 years or life imprisonment or life without parole or death

Statutory Rape

Occurs when a person engages in sexual intercourse with anothe runder the age of 16, not his/her spouse, even when there is consent.

Occurs when the victim is 14 or 15 and the offender is no more than 3 years older than the victim.

1-20 years

As misdemeanor.*

Prostitution

Offering, performing, or consenting to sexual intercourse for money.

As misdemeanor.*

CRIMES INVOLVING THEFT

Armed Robbery

Taking the property of another when the offender uses a weapon.

10-20 years or life imprisonment

Burglary

Entering to the building of another without consent and with the intent to commit a felony or theft therein.

First Offense

Second Offense

Third Offense

1-20 years

2-20 years

5-20 years

Robbery

Taking the property of another by force, intimidation, or sudden snatching.

If victim is 65 or older:

1-20 years

5 - 20 years

Theft by Conversion

Occurs when, having lawfully obtained money or property of another under an agreement to do something specific with it, a person knowingly converts it (takes it) for his or her own use.

If amount in question is greater than $500.

As misdemeanor. *

1 - 10 years

Theft of Lost or Mislaid property

Occurs when person comes into control of property that he or she knows or discovers has been lost or mislaid and takes it for him- or herself and appropriates it without taking responsible measures to restore the property to its owner.

If the value of the property is greater than $500.

As misdemeanor. *

1 - 10 years

Theft by Taking

Occurs when a person unlawfully takes or, after being in lawful possession of, unlawfully appropriates (takes, keeps), the property of another with the intention of depriving that person of the property.

If the value of the property is greater than $500.

As misdemeanor.*

1 - 10 years

Theft by Receiving Stolen Property

Occurs when a person receives, disposes of, or retains stolen property that he or she knows or should know was stolen unless done with the intent to return it to its owner.

If the value of the property is greater than $500.

As misdemeanor.*

1 - 10 years

Theft by Shoplifting

Occurs when a person alone or with another intentionally takes merchandise for his or her own use without paying for it and
-- conceals or takes possession of merchandise of any store
-- alters the price of any merchandise in any store
-- transfers the merchandise of a store from one container to another
-- interchanges a label or price tag form one item of merchandise to another
-- wrongfully causes amount paid for merchandise to be less than the merchant's stated price.

Occurs when property subject to the theft is valued at $300 or less.

Fourth conviction

Occurs when property subject to the theft is valued at more than $300.
As misdemeanor. *

1 - 10 years

1-10 years

DRUG OFFENSES

Schedule I and II Drugs

Considered the most dangerous. Included are methadone, LSD, opium, heroin, cocaine, amphetamines, Quaaludes, THC and PCP ("angel dust")

Possession
First Offense
Second Offense

Possession with intent to sell or selling
First Offense
Second Offense

2-15 years
5-30 years


5-30 years
10-40 years or lifeimprisonment

Cocaine 

Trafficking (selling, manufacturing, delivering, or possessing 28 grams or more of cocaine with at least 10 percent purity)

Schedule III, IV, and V Drugs

Included are valium, uppers and downers, phenobarbital, etc.

Possession

Possession with intent to sell or selling
First Offense
Second Offense

1-5 years

1-5 years
1-10 years

Marijuana

Possession of 1 oz. or less

Possession of over 1 oz but no more than 50 lbs.

Possession of over 50 lbs.

Misdemeanor*

1-10 years

Manditory minimum: 5 - 15 years and mandatory fine: $100,000 - $1 Million

Note: This table lists general penalties in Georgia. It does not indicate all possible fines and forfeitures.

** All misdemeanors may be punished by incarceration in a local correctional facility for up to 12 months and/or a fine of up to $1000. https://www.georgialegalaid.org/resource/crimes-and-penalties-in-georgia



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