Monday, July 27, 2009

Types and Levels of Crimes in Georgia

What is a Felony? A felony is a crime for which the punishment is usually in excess of one year in prison or on probation and a fine of more than $1000.00. A person may also lose some or all of their civil liberties, such as the right to vote or own a handgun, if they are convicted of this type of crime.

What is a Misdemeanor? A misdemeanor is a crime for which the punishment is usually one year or less in the local jail or on probation and a fine of less than $1000.00. Punishment may also include a variety of other hardships such as community service at a recycling plant or picking up trash along the highway with the jail patrol; mandatory drug and alcohol counseling; waiver of your right to travel or your fourth amendment protections against unreasonable search and seizure; and other types of punishments.
Criminal conduct usually falls under one of seven (7) categories. Within each category there exists both misdemeanor and felony offenses. The less serious crimes are usually treated as misdemeanors the more serious crimes are treated as felonies. Remember, whether a type of crime is a misdemeanor or felony depends upon the level of punishment attached to the offense. See below for a description of the seven (7) general categories of crimes. 

Monday, July 20, 2009

The Seven Categories of Georgia Criminal Offenses

If you are a suspect of a crime in the Augusta GA, Evans Georgia, Richmond County, or Columbia County GA area, call one of our criminal defense lawyers for a consultation.

1) Property Crimes - Offenses involving some type of allegation of taking or damaging the property of another person without their knowledge or consent. Misdemeanor examples include theft by shoplifting ($300 or less in merchandise), theft by taking ($500 or less in value) and criminal trespass. Felony examples include burglary, robbery (taking by force), forgery (passing a phony check for example), and arson. Offenses known as "white collar" crimes.
2) Serious Traffic Violations - Offenses involving serious misconduct while driving a motor vehicle. DUI is the most common misdemeanor example, although multiple convictions for DUI can lead to the accused being charged with a felony as a habitual violator. Felony examples include vehicular manslaughter and vehicular homicide. These cases involve the accused driving in a very reckless manner - extremely drunk for example - and then causing death or serious injury to another innocent driver. The classic example is where a very drunk driver hits another car while driving, killing the other driver.
3) Sex Crimes - Offenses involving illegal sexual conduct. Examples of misdemeanors include pandering (soliciting a prostitute), indecent exposure, and sexual battery (uninvited sexual advances). Examples of felonies include rape, child molestation and possession of child pornography. These offenses are highly volatile in nature, and merely being investigated for such an offense can ruin a person's personal and professional reputation.
4) Drug Crimes - Offenses involving the possession, distribution, or sale of illegal drugs. Whether a particular offense is treated as a misdemeanor or a felony usually involves the weight or amount of the drugs involved. Normally, courts treat simple possession of drugs less seriously than selling or distributing drugs, as the user is seen partially as a victim in need of treatment by many judges whereas a dealer is viewed as part of the problem. There may also be considerable class bias in the punishment of these offenses as "upper class drugs" such as LSD, powder cocaine, and marijuana are punished less severely than "working class" or "inner city drugs" such as methamphetamine and crack rock cocaine.
5) Violent Crimes - Offenses involving an act of violence against another person. The violence can be verbal or mental - making terroristic threats or stalking - but usually the violence is physical in nature. Examples of misdemeanors are assault, battery, sexual battery and stalking. Felony examples are murder, aggravated assault, manslaughter and aggravated stalking.
6) Domestic Violence Crimes - This is really a sub-category of Violent Crimes, but deserves to be treated as a separate category. Domestic Violence offenses are relatively new as they are a political and legislative response to the increasing awareness of violent behavior between spouses and other persons living in the same house. They take crimes such as battery and simple assault, normally misdemeanors, and treat them as felonies if the accused and the victim are husband and wife or two people otherwise living together. The victim is also not allowed to dismiss the charges once the accused has been arrested and the prosecutor will attempt to prosecute the accused even if the victim - usually the spouse or other domestic partner - refuses to testify and wants the charges dismissed. The punishment for these charges has increased over the years, as public awareness of the problem of domestic violence increases.
7) Crimes Against Public Order or Public Administration - Offenses involving some kind of action against a public official, a government institution, or a breach of the public peace. Examples of misdemeanors include disorderly conduct, public intoxication, failing to appear in court, unlawful assembly, and giving a false name or driver's license to a police officer. Examples of felonies are possession of a firearm by a convicted felon, treason, violent obstruction of a police officer, and violation of an oath of office. These types of cases may involve constitutional challenges as they can bump into constitutional protections under our Bill of Rights. At the same time, some of the more misdemeanor offenses may also be treated as "civil ordinance" violations, where the accused is allowed to pay a small fine for disturbing local community standards instead of being punished for a crime under state law. 

Monday, July 13, 2009

Car Accidents

Our firm represents clients who have suffered personal injuries or property damage in automobile, motorcycle or truck accidents in Georgia and South Carolina. Such motor vehicle accidents include those involving drunk or hit and run drivers, uninsured or underinsured drivers, as well as accidents occurring from motor vehicle and semi-tractor trailer collisions and rollovers.
We also represent those injured in car accidents, collisions or crashes resulting from defective products or designs in automobiles and trucks, such as defective seatbelts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered burns to your head or neck, have nerve damage or spinal chord paralysis, broken or dislocated a bone or limb, or even have lost the use of a limb. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company or the responsible party will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you to make sure all your needs are handled quickly and appropriately.

Source

Monday, July 6, 2009

Decoding Car Accident Reports in Georgia - The Georgia Uniform Motor Vehicle Accident Report

Each year we review hundreds of accident reports. I recently found a good guide to help people figure-out the cryptic codes and other information contained in Georgia accident reports.
The Georgia Department of Transportation, headquartered in Atlanta, has created a nice guide for deciphering accident reports which can be found here.
Jurisdictions throughout Georgia pretty much stick to a standard accident report form called the Georgia Uniform Motor Vehicle Accident Report. Of course, there are a few law enforcement agencies, most notably in and around Atlanta, that use their own forms or use a modified version of the standard auto accident form.
I think that this guide will be helpful for the public as well as attorneys handling the occasional auto or truck accident case.

Source