Macon Georgia violent crime criminal defense lawyer
Unwarranted Physical Contact in Jones County GA
Non-consensual contact may be made with either a person or that persons extended personality. This means that when one person leans forward and yanks the watch off another, a battery has occurred, even though the first person did not actually touch the wrist of the second person. When this act was preceded with an intent to cause the other to fear an impending violent yank of the watch, both an assault and a battery are committed. If the suspect only intended an assault causing the latter to apprehend a likely violent pulling of the watch but did not intend to actually complete the violent yank, but somehow his hand made contact with, and actually pulled off the watch, both an assault and a battery have occurred. If during the act of physically gesturing to violently pull the watch off, contact is in fact made and the watch is pulled from the others hand, a battery has been committed.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Bibb County GA violent crime criminal defense attorneys
Battery and Intent in Macon Georgia
Battery is a general intent offense. This means that the suspect need not intend the specific harm that will result from the unwanted contact, but only to commit an act of unwanted contact. This also means that gross negligence and even recklessness may have the necessary intent to establish a battery.
The doctrine of transferred intent is also applicable. If one person intends to strike another, but the other moves out of the way to prevent being struck, causing the blow to strike a third person, both an assault against the second person and a battery against the third person have occurred.
This is an important difference between a battery and an assault. A battery needs real contact. An assault is, actually an incomplete battery; a person commits an assault when he or she intentionally puts a person in apprehension of an impending battery. although, if a person intended only an assault to cause an apprehension of a likely battery, and offensive contact actually occurs, the person has committed a battery as well as an assault.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Macon Georgia battery criminal law lawyers
Criminal battery in Jones County Georgia
Simple criminal battery is usually prosecuted as a misdemeanor. Second or subsequent crimes or the particular nature of the crime may warrant more severe penalties. For instance, in few states, a second or third offense against the same person is a felony. In cases of domestic violence, many states disallow battery charges to be dropped against the defendant, even at the request of the victim, because of the potential for repeat or escalated harm.
Most sexual offences include elements of battery as they are essentially non-consensual contacts, and few states actually have penal codes listing the specific crime of “sexual battery.”
Aggravated battery is a simple battery with an additional element of an aggravating factor. This is typically the addition of a weapon whether used or threatened with, and is usually a felony offense. Examples of other aggravated batteries are those committed against protected persons; those in which the victim suffers serious injury; or those occurring in a public transit vehicle or station, or school zone, or other protected areas. These are all aggravating factors that will transform simple misdemeanor batteries to the level of felonies.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Jones County GA vehicular homicide criminal law lawyer
First degree homicide by vehicle is considered a felony. A homicide by vehicle is considered as first degree if the driver:
(1) illegally met or overtook a school bus;(2) unlawfully did not stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) failed to stop for, or rather was attempting to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.
First degree vehicular homicide is punishable by 3 to fifteen years in jail. If the accused had previously been declared a habitual offender, the punishment varies from five to 20 years, and at least one year of the sentence must be served.
Second degree homicide by vehicle includes all vehicular homicides without intent to kill that involve any other violations of the laws governing the operation of motor vehicles. For example, a death caused by a failure to yield to oncoming traffic, speeding, or driving too slowly, except if such constituted reckless driving, can be charged as a homicide by vehicle in the second degree.
Second degree vehicular homicide is a misdemeanor, punishable by jail term for up to one year, a fine of up to $1,000, or both. However, at the judge s discretion, punishment may be suspended or a probation sentence may be received.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Arson Offenses in Bibb County Georgia criminal defense attorneys
Arson is a crime of general intent which means that arson was committed “willfully and maliciously.” The only thing needed for an arson charge is evidence that you intentionally lit the fire. The criminal intent with arson is intent to start a fire, although there is no intent to burn a structure. A fire inspector must then testify in court that he/she also suspected arson, and then an expert witness must testify to support the fire inspectors views.
Arson is classified into 1st degree (homes, schools, churches), 2nd degree (unoccupied structures, vehicles), and 3rd degree (personal property). As arson is a crime against possession, not ownership, a person can be charged with burning their own house, or committing arson against themselves.
A person assisting with the crime is usually charged with arson rather than being an accomplice to the crime. Putting gasoline on the floor of a building or possessing firebombs might be offenses related to arson under some state statutes. Arson that involves damage to federal property is almost always prosecuted in federal court, and also anything involving interstate or foreign transport.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Warner Robins GA criminal law lawyer
The elements of arson are setting a fire that reaches a structure and, in turn, burns that structure. Arson law also considers explosions as burnings. Under common law no matter how slight the burning, the arson is complete. So it does not matter how much burning takes place. A fire can be treated as arson if it happens inside a house only when the item damaged is a permanent fixture. While sinks, lighting, and appliances qualify as permanent fixtures, personal property like furniture, clothing, or documents are not permanent fixtures. Certain states have arson laws that differentiate between “sooting” (smoke damage), “scorching” (blistering), “charring” (external surfaces destroyed), and so forth, but the main issue is that a structure need not burn to the ground for it to be considered arson. The police and firefighters decide the circumstances to be considered for arson like the type of structure and amount of damage.
Arson is a serious charge that generally does not involve being let off with a warning. A seasoned criminal lawyer can asssit you if you are charged with arson. The penalties may be severe, but a seasoned criminal attorney can get you the best possible results.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Macon Georgia Sexual Harassment Crime criminal defense lawyer
Macon Georgia Criminal Lawyer
In Georgia, sexual harassment refers to intimidation of an unwelcome sexual nature or the promise of rewards for sexual favors. Sexual harassment comes in many forms and includes full blown sexual assaults, discrimination, verbal taunting and touching.
The Equal Employment Opportunity Commission (EEOC) wrote guidelines for enforcing Title VII actions. Title VII of the Civil Rights Act is a federal law that disallows discrimination in employment but the Supreme Court has ruled that it also prohibits sexual harassment. Sexual Harassment is defined by the EEOC as:
Sexual advances, requests for sexual favors, or verbal or physical actions of a sexual nature that occur when:
1. It was apparent that doing the act was a condition of the employment,
2. If you refused doing the act, your boss might use that as a grounds for firing, transfer or salary decisions, or
3. The actions unreasonably interfered with your work performance or created a intimidating, hostile, or offensive work atmosphere.
Types 1 and 2 are referred to as “quid pro quo” acts and are sexual bribery.
Type 3 includes “hostile work environment” claims are more subjective.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Macon Georgia DUI criminal law firm
While a DUI offense involving drugs may be prosecuted by the State even where the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These charges involve illegal substances like marijuana, cocaine, heroine, etc. in the persons blood system. The DUI offense is based upon driving while having an unlawful substance in the blood system. Even though this issue is presently on appeal, the prosecutor is not presently required to demonstrate impairment caused by the illegal contraband drugs in the system. Mere evidence of the presence of a contraband substance or its “metabolites” is sufficient to result in a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the government must prove that the person was rendered incapable of driving safely as a result of using the marijuana.
Beyond the misdemeanor DUI contraband penalties, GAlaw has other more punitive statutes for possession of drugs when marijuana or other drugs are found in a automobile or someones pocket. A “possession” criminal offense can be committed by a person driving a automobile, or by a person not operating a car. Your drivers license may be suspended on a guilty plea or a conviction for possession of drugs, even if you were not driving when arrested. This law has been upheld by the GeorgiaSupreme Court after an appeal on challenges to its validity.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Warner Robins Georgia Repeat Offender drivers license suspension
criminal defense lawyer
For individual with one prior DUI arrest within the past 5 years, a three year suspension is triggered. No license and no permit is allowed for at least eighteen months. The suspension starts on the 31st day after the arrest except if an administrative appeal is filed and successfully argued. But, these second-time violators can attend a DUI risk reduction program and pay a reinstatement fee and get their license reinstated after 18 months.
Any individual who has already had two or more previous administrative license suspensions within a five year time period may attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 60 months. No permit of any type is permitted for at least 2 years.
Drunk driving is first and foremost a crime, not just a driving offense. When you are convicted of a drunk driving, you will have a criminal record, which could hurt your professional, financial, and educational opportunities throughout your life. If you have no legal background, most legal matters are downright confusing. Someone like you or me will not understand the in-depth legal vocabulary a typical Georgia Drunk driving lawyer would use inside the courtroom. People facing a DUI charge need a Georgia DUI law firm to help them make the right decisions.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
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Macon Georgia DUI Administrative license revocation attorney
Macon Georgia Criminal Lawyer
Persons who have not had a prior DUI arrest within 5 years are considered to be first offenders under the ALS law. The suspension time is 1 year. However, first offenders are eligible to seek the following favorable treatment. At the end of the initial 30-day permit allowed by the form received at the time of arrest, the person can apply for and receive a 30 day permit that permits him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., but no recreational driving. There is a $25 charge for this limited driving permit. Also, if the person enrolls in and completes a Risk Reduction Course and on payment of a reinstatement fee ($200 by mail; $210 if done in person), he/she can receive early reinstatement of his/her license or privilege to drive after the 30 day permit expires.
Your first order of business is to get contact a GeorgiaDUI law firm without wasting any time. They can provide an objective and experienced perspective of your legal remedies. Through their expertise and advice, you can choose the best remedy available to your current case. A GeorgiaDUI attorney has knowledge of all the laws to use to your benefit as well as interpreting state constitutions to use as a lifeline. The best method to avoid such tough penalties is to avoid being charged with DUI at all, or at least being charged more than once.
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Macon GA DUI Lawyer | Warner Robins Georgia Criminal Defense Attorney.
www.maconduidefense.com