Author Archives: Jay Butchko
What Are the Consequences for Animal Cruelty in Georgia?
Georgia has strict laws punishing individuals who intentionally harm, abuse, or neglect an animal. “Cruelty to animals” is a misdemeanor offense punishable by up to 1 year in prison. The law defines cruelty in this context as causing any “physical pain, suffering, or death to an animal by any unjustifiable act or omission.” Additionally,… Read More »
How a Field Sobriety Test Can Lead to a Homicide Charge in Georgia
In Georgia, a driver may be charged with first-degree vehicular homicide if they cause the death of another person while violating the state’s DUI laws. That is to say, if you drive drunk and cause a fatal accident, you face a felony charge punishable by up to 15 years in prison. And keep in… Read More »
Understanding the Time Limits to File a Georgia Wrongful Death Lawsuit
When you have suffered a personal injury as the result of someone else’s intentional or reckless actions, you only have a certain amount of time to take legal action. Georgia law imposes a time limit known as the statute of limitations. This is a deadline by which you must file your personal injury lawsuit… Read More »
Can You Go to Jail for Not Reporting Income to the Government While on Disability?
We often associate theft with a physical act such as an armed robbery. But as far as the law is concerned, theft can also be the result of non-violent fraudulent activity. For example, if you obtain someone else’s property by making false statements or promises, that is considered theft by deception, and it is… Read More »
Are a Dead Victim’s Journals Admissible Evidence in a Georgia Domestic Violence Case?
Hearsay generally cannot be used as evidence to convict someone accused of a crime in Georgia. Hearsay basically refers to any “secondhand” evidence. For example, a person can testify as to what they saw. But they cannot testify as to what someone else told them they saw. There are a number of exceptions to… Read More »
Could Your TikTok Videos Be Used Against You in Court?
As we have discussed, the University of Georgia’s football team has been involved in a number of recent cases involving DUI and reckless driving. Just recently, an Atlanta-area auto dealer posted a video of a Bulldogs player test driving one of their Ferraris. According to news reports, the video shows the player driving over… Read More »
What Are the Elements of a Slip and Fall Lawsuit in Georgia?
Going to the store is a routine experience for most of us. What is not routine, however, is getting into a slip-and-fall accident while at the store. In less than a second, you can find yourself on the ground dealing with serious–and in some cases life-threatening–injuries that require expensive medical treatment. In Georgia, store… Read More »
How Does “Recidivist” Sentencing in Georgia Work?
A felony conviction in Georgia always carries the possibility of significant jail time. This is especially true if you have any prior felony convictions on your record, because Georgia’s “recidivist sentencing” laws apply to any subsequent convictions. Basically, the recidivist sentencing law provides that if you have a prior felony conviction, you must receive… Read More »
Is a Victim’s “Fear” Necessary to Prove Aggravated Assault?
There is sometimes a misunderstanding about the legal meaning of “assault.” An assault does not require proof that you physically harmed someone. Rather, simple assault occurs when you either attempt to commit a violent injury against another person, or you act in a way that places another person “in reasonable apprehension of immediately receiving… Read More »
Does a Workers’ Comp Settlement Bar You From Filing a Personal Injury Lawsuit?
In general, you can file a personal injury lawsuit against any individual or legal entity whose negligence caused you some harm. One exception to this rule is for accidents and injuries that occur within the scope of your employment. In those situations, you typically cannot file a personal injury claim against your employer, because… Read More »