Monthly Archives: May 2024
Is “Mutual Combat” a Valid Criminal Defense in Georgia?
As a general principle of law, a person is entitled to defend themselves against the imminent use of unlawful force. In simple terms, if someone threatens you with a gun, you have the right to stop them using force of your own. You cannot be held criminally liable if your attacker is injured due… Read More »
Supreme Court Bars Georgia from Retrying Mentally Ill Defendant
The Double Jeopardy Clause of the Fifth Amendment provides an important constitutional protection for anyone accused of a crime. In simple terms, the state cannot retry a person if they have already been “put in jeopardy of life or limb”–i.e., a trial has begun–and found not guilty. Put another way, the state does not… Read More »
Airbnb Guest Injured by Falling Vine Can Sue Property Owner
If you are injured while an invited guest on someone else’s property, you have the right under Georgia law to sue the owner for damages. This is known as premises liability, and it covers situations where the owner failed to keep both their property–and any approaches to that property–in reasonably safe condition. In this… Read More »
Is Being in the “Presence” of Drugs a Crime in Georgia?
You probably know that it is against the law in Georgia to possess certain controlled substances, such as marijuana or methamphetamine. But what exactly does “possession” mean? Obviously, if a police officer finds drugs on your person during a lawful search, that is evidence of actual possession. Yet Georgia law also permits a jury… Read More »
Georgia Sex Offender Registration and the “72-Hour” Rule
In Georgia, a sex crimes conviction will follow you long after you serve any prison sentence. Every state has certain requirements for people convicted of specified sex offenses to register as “sex offenders.” Under Georgia law, just about anyone convicted of a “dangerous sexual offense” in any state must register if they live in… Read More »
Federal Judge Allows Lawsuit Against Savannah Officer Accused of Fabricating DUI Evidence
Under Georgia law, a person is guilty of DUI if they are in “actual physical control of any moving vehicle while … [u]nder the influence of any drug to the extent that it is less safe for the person to drive.” This can include either prescription or illegal drugs. But as with DUI cases… Read More »
How “Reasonable Inspection” Policies Can Affect a Georgia Slip-and-Fall Case
Retail establishments such as supermarkets have a duty under Georgia law to keep all public areas of their premises in reasonably safe condition. If a customer is injured due to a store’s failure to meet this duty, the owner can be held legally responsible for the customer’s injuries, including any non-economic damages like pain… Read More »
Does Assault Require an Actual Injury to the Victim?
In Georgia, the crime of simple assault occurs when someone “attempts to commit a violent injury” to another person or commits any act that “places another in reasonable apprehension of immediately receiving a violent injury.” Simple assault is legally distinguishable from aggravated assault, which is an assault committed with an “object, device, or instrument”… Read More »
Former Alpharetta Office Manager Sentenced to 6 Years in Prison for Embezzlement
Embezzlement is a term used to describe the intentional misappropriation of funds entrusted by one person to another. While embezzlement is a non-violent crime, it is still prosecuted quite harshly, especially at the federal level. Indeed, it is possible to receive a decades-long sentence in federal prison for embezzlement. Prosecutors: Defendant Stole Over $8.5… Read More »