When most people think about criminal court proceedings, they think about a trial. That makes sense: in our TV shows, movies, and books, dramatic and sensational events always take place in a packed courtroom in front of a jury. In reality, though, the trial is the last or nearly the last in a long series…

In last month’s article, we discussed theft by conversion, a crime in which someone commits theft by lawfully borrowing, financing, or otherwise obtaining money or property from another person, and then converting that property to their own use – by not repaying the financing agreement, never returning or selling the borrowed property, or otherwise abusing…

Generally speaking, “theft” refers to what happens whenever someone unlawfully takes something that does not belong to them. In Georgia, “theft” is a broad term describing many acts prosecuted under several laws. The state recognizes theft by deception, theft of services, theft of lost or mislaid property, theft by receiving, and several other classes of…

Last month, we took a deep dive into Georgia’s Racketeering Influenced and Corrupt Organizations (RICO) Act. That law has been in the news quite a bit lately following the indictment of former President Donald Trump on RICO charges in Fulton County. Although broader, Georgia’s RICO Act is similar to the federal RICO statute, which has…

The Georgia RICO Act has been a hot topic in the news lately without much explanation for what it actually is. Largely mirroring the federal Racketeer Influenced and Corrupt Organizations (RICO) Act, the Georgia RICO Act is a powerful tool for state prosecutors to stop criminal or corrupt enterprises and prosecute those involved. In this…

A common question for criminal attorneys is the matter of assault vs. battery. Though often seen together, these offenses are separate crimes under Georgia law.

Most people are familiar with two types of warrants used in criminal investigations: search and arrest. The former authorizes law enforcement to search for evidence in a suspect’s home, vehicle, place of business, or other location they have access to. The latter authorizes law enforcement to actively attempt to locate and bring into custody a…

“Assault,” from a legal standpoint, is a word with a very broad definition. A wide variety of different offenses can be prosecuted under Georgia’s assault statutes. Together with the often-accompanying charge of battery, the laws prohibiting assault are the main way Georgia law protects people who have been threatened or injured by another person. For…

Two terms that often get tossed around in courtroom dramas and police procedurals are “breaking and entering” and “burglary.” To be as commonly used as these two terms are, there are a lot of misconceptions about these crimes and what comprises them. Usage varies from state to state, but burglary and breaking and entering are…