Felony Defense

These cases can involve allegations such as murder, violent sex crimes, hijacking, arson, drug trafficking, and other serious offenses. A conviction in one of these cases can result in substantial prison time and other life-changing consequences.

What Makes a Felony Case “Complex”?

Complex felony cases are often more difficult and time-consuming than other criminal matters because of the severity of the allegations and the amount of evidence involved. These cases may require extensive investigation, discovery, forensic analysis, DNA testing, expert testimony, and the filing and litigation of numerous pretrial motions.

The complexity of the case can also depend on factors such as the number of charges, the amount of evidence, the defendant’s criminal history, and whether multiple individuals are involved. As a result, complex felony cases may take significantly longer to resolve than less serious criminal matters.

Potential Penalties for Complex Felonies

The consequences of a serious felony conviction can be severe. Depending on the specific offense and the circumstances of the case, a defendant may face:

• Lengthy prison sentences
• Mandatory sentencing provisions
• Fines
• Restrictions on parole eligibility

Georgia law also provides enhanced consequences for certain repeat offenders. A defendant’s prior felony convictions can therefore play an important role in determining the potential sentence associated with a new criminal charge. Because sentencing laws can be complicated and vary depending on the offense and criminal history involved, anyone facing a serious felony should understand the potential consequences before making decisions about how to proceed with the case.

Why These Cases Can Take So Long

Unlike many misdemeanor or less serious felony cases, complex felony prosecutions may involve extensive pretrial litigation. Attorneys may need to review large volumes of evidence, investigate witnesses, challenge the admissibility of evidence, obtain and analyze forensic testing, and file motions addressing constitutional or evidentiary issues.

DNA testing and other forensic examinations can take considerable time. In cases involving significant amounts of evidence, the defense may need to conduct its own investigation and retain experts to evaluate the prosecution’s evidence. These steps are often essential to developing a thorough defense.

Complex Felony Cases and Trial

Many criminal cases are resolved through plea agreements rather than trials. However, serious felony cases can be more likely to proceed to trial when the potential consequences of a conviction are substantial or when the defendant disputes the allegations.

Preparing for a complex felony trial requires extensive work. Defense counsel will need to examine the prosecution’s evidence, identify weaknesses in the State’s case, interview witnesses, and develop a strategy for presenting the defense to a jury.

Protecting Your Rights in a Complex Felony Case

Being charged with a serious felony does not mean that a defendant has been found guilty. The prosecution still has the burden of proving the charges beyond a reasonable doubt, and defendants have constitutional rights that must be protected throughout the criminal process.

Because the potential consequences can be so significant, it is important to take complex felony charges seriously from the beginning. An experienced criminal defense attorney can review the allegations, investigate the evidence, explain the potential consequences, and help develop a defense strategy tailored to the circumstances of the case.

If you or someone you love is facing a serious felony charge in Georgia, obtaining qualified legal counsel as early as possible can be an important step in protecting your rights and your future.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

In general, burglary is a more serious offense than theft and carries significantly greater potential penalties.

Theft Charges in Georgia

Theft generally involves taking or unlawfully exercising control over another person’s property without authorization and with the intent to deprive the owner of that property. Depending on the circumstances, the value of the property and the defendant’s criminal history can affect whether a theft charge is classified as a misdemeanor or felony. For certain theft offenses, a defendant with multiple prior theft convictions may face felony charges regardless of the value of the property involved.

Potential consequences of a theft conviction may include:

• Fines
• Probation
• Restitution to the property owner
• Community service
• Jail or prison time, depending on the circumstances

Burglary Charges in Georgia

Burglary is a separate and more serious offense. Generally, burglary involves unlawfully entering or remaining within a building or dwelling with the intent to commit a felony or theft. Importantly, burglary does not necessarily require the successful completion of a theft. The circumstances surrounding the entry and the defendant’s intent can be central to the case, and a conviction may carry substantially more severe consequences than a typical theft offense, including:

• Significant prison time
• Fines
• Probation
• Restitution
• Other court-ordered conditions

The specific penalties depend on the type of burglary alleged, the circumstances of the case, and the defendant’s criminal history.

Theft and Burglary After a Domestic Dispute

The facts behind theft and burglary charges are not always as straightforward as they may initially appear. These charges can sometimes arise from disputes between spouses, partners, roommates, family members, or other people who share or previously shared a residence.

For example, a person may return to a residence after a relationship or living arrangement has ended to retrieve clothing, electronics, furniture, or other personal belongings. Although the person may believe they have every right to recover their own property, entering a residence without authorization can potentially create legal issues depending on the circumstances.

Whether an entry constitutes burglary can depend on a number of factors, including who had the legal right to enter the property, whether the person was authorized to be there, the circumstances surrounding the entry, and the intent at the time of entry. Simply believing that certain property belongs to you does not necessarily resolve the question of whether the entry was lawful.

Because the distinction between a property dispute and a criminal offense can be complicated, anyone facing a theft or burglary investigation or charge should take the matter seriously. An experienced Georgia criminal defense attorney can review the circumstances, examine the evidence, and determine what defenses or legal options may be available.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

Unlike a simple possession charge, the State must establish not only that the defendant possessed the controlled substance such as marijuana, cocaine, methamphetamine, or prescription medications, but also that the defendant actively intended to distribute it.

How Georgia Prosecutors Prove Intent to Distribute

The amount of drugs involved can be an important factor in these cases. When the quantity of drugs is greater than what the State deems to be associated with personal use, prosecutors may argue that the amount itself is evidence of an intent to distribute. However, quantity is only one factor that may be considered, and there is no single statutory amount that automatically establishes intent.

Because intent is often not something that can be established through direct evidence, law enforcement frequently relies on the "totality of the circumstances" to build a case. Circumstantial evidence used to support an allegation of intent to distribute can include:

• Small digital scales
• Small plastic baggies or containers
• Large amounts of cash
• Drugs separated into multiple packages
• Communications (like text messages) concerning the sale of drugs

Importantly, the possession of these items alone does not necessarily establish criminal intent. It is perfectly legal to own a small scale or plastic baggies. However, when these otherwise lawful items are found alongside a significant quantity of illegal drugs, the State may argue that the circumstances collectively indicate an intent to distribute.

Penalties for Intent to Distribute in Georgia

A conviction for possession with intent to distribute can carry serious, life-altering consequences. Depending on the specific schedule of the substance involved and the defendant's criminal history, penalties may include:

• Substantial fines
• Lengthy felony probation
• Significant prison time

If you are facing a drug distribution investigation or charge in Cobb County, Cherokee County, or the metro Atlanta area, it is critical to have the specific facts and evidence reviewed by an experienced defense attorney.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

Because these charges label the offense as an act of "Family Violence," they drastically change how the case is prosecuted in Cobb County, Cherokee County, and throughout Georgia. These cases can quickly become extremely complicated as they blur the lines between criminal defense and family law.

Who is Covered Under the Family Violence Act?

In order for the State to apply a Family Violence enhancement to a criminal charge, prosecutors must be able to establish a specific qualifying relationship between the two parties. While most often used against people in partnered relationships, the law covers several types of relationships, including:

• Current or former spouses
• Parents of the same child
• Parents and children
• Stepparents and stepchildren
• Foster parents and foster children
• Persons living or formerly living in the same household

Why Domestic Violence Cases Are Extremely Complicated

A domestic violence allegation rarely stays confined to a criminal courtroom. The fallout from an arrest can immediately impact a defendant's living situation, family dynamic, and ongoing civil matters. Often, the State or a judge will mandate a "no-contact" order as a condition of bond. This legally prohibits the accused from returning home or communicating with the alleged victim, even if the alleged victim wants the charges dropped or wishes to reconcile.

Severe Penalties and the Loss of Firearm Rights

A Family Violence conviction carries permanent, life-altering consequences that extend far beyond fines and potential jail time. Depending on whether the underlying charge is a misdemeanor (like simple battery) or a felony (like aggravated assault), penalties often include:

• Mandatory completion of a Family Violence Intervention Program (FVIP)
• Significant jail or prison time
• Loss of child custody or visitation rights
• A lifetime loss of your right to own or possess a firearm

The lifetime firearm ban is a federal law that permanently strips gun ownership rights from anyone convicted of a misdemeanor crime of domestic violence.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

Depending on the circumstances, options such as pretrial diversion may be available, potentially allowing the charges to be dismissed after the defendant completes certain requirements.

First Offender Treatment and Prior Records

Another option that may be available to an eligible defendant is First Offender treatment under Georgia law. First Offender treatment may be entered following a guilty or nolo contendere plea. If the defendant successfully completes the terms imposed by the court, the defendant can ultimately be exonerated of guilt and discharged as a matter of law. First Offender treatment can provide significant protections, but it does not mean that the underlying case simply disappears. Certain legal and employment-related exceptions may still apply, and eligibility depends on the specific circumstances and charges involved. Probation prior to adjudication of guilt; violation of probation; review of criminal record by judge.

For defendants with prior felony convictions, many of these options may no longer be available. Prior convictions can also affect how the State approaches a new prosecution and can have significant consequences at sentencing. Depending on the circumstances, prior convictions may also be relevant to the prosecution of new charges.

This makes an experienced defense attorney particularly important when someone is facing new charges after a prior conviction. An attorney can investigate the circumstances of the current case, evaluate whether evidence was obtained lawfully, and determine whether motions to suppress or other defenses may be appropriate.

Enhanced Sentencing for Repeat Offenders

Georgia also has enhanced sentencing provisions for certain repeat offenders. For example, a person who has previously been convicted of three felonies and is subsequently convicted of another felony generally must serve the maximum sentence imposed by the judge and is not eligible for parole until that maximum sentence has been served, subject to statutory exceptions.

Despite the additional challenges that prior convictions can create, defendants with criminal records may still have legal options. The available defenses and sentencing alternatives depend on the nature of the current charges, the defendant's prior record, and the particular facts of the case.

Conditional Discharge Options

One potential option in certain cases is conditional discharge under Georgia law. This may apply to qualifying controlled-substance offenses, subject to statutory eligibility requirements. In some circumstances, conditional discharge may also be available to a person who has previously received First Offender treatment.

Facing felony charges after a prior conviction can be overwhelming. An experienced criminal defense attorney can help you understand the charges you are facing, explain how your prior record may affect your case, and identify the defenses and legal options available under the circumstances.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

At the lower end is simple possession. For example, possession of one ounce or less of marijuana is generally a misdemeanor under Georgia law. A conviction can carry:

• Up to 12 months of imprisonment
• A fine of up to $1,000
• Or both

Felony Possession & Intent to Distribute

Possession of more than one ounce of marijuana, however, is generally a felony under Georgia law. The potential punishment is substantially greater than for misdemeanor possession. Georgia law also makes it a felony to possess marijuana with the intent to distribute it.

When the State alleges possession with intent to distribute, the evidence may include circumstances suggesting that the marijuana was intended for distribution rather than personal use. For example, law enforcement may point to items such as:

• Digital scales
• Individual packaging materials
• Communications concerning the sale or distribution of marijuana
• Large amounts of cash
• Other surrounding circumstances

There is no specific quantity of marijuana that automatically establishes an intent to distribute. Rather, intent to distribute is generally established through the evidence and circumstances of the particular case.

Trafficking Thresholds & Mandatory Minimums

Beyond possession and possession with intent to distribute charges, Georgia law also provides for the offense of trafficking in marijuana. Under Georgia law, a person who engages in the prohibited conduct specified by the statute and possesses more than 10 pounds of marijuana may be charged with trafficking. The statute establishes mandatory minimum sentences based on the amount involved. For more than 10 pounds but less than 2,000 pounds, for example, the statute provides for:

• A mandatory minimum sentence of five years
• A $100,000 fine

Importantly, a marijuana trafficking charge does not require the State to prove that the defendant intended to sell or distribute the marijuana. The trafficking statute is based in significant part on the quantity involved. Thus, unlike a charge of possession with intent to distribute, the State does not have to establish an intent to sell or distribute the marijuana in order to prove the trafficking offense.

For example, a person who knowingly possesses 12 pounds of marijuana could potentially face a trafficking charge even if the State cannot prove that the person intended to sell or distribute it. In other words, the State does not have to prove an intent to sell the marijuana simply because the amount involved exceeds the trafficking threshold.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

This seemingly small distinction can have a significant impact on the potential consequences:

• A misdemeanor conviction carries a maximum sentence of 12 months in jail and/or a $1,000 fine
• Felony possession of more than one ounce carries a potential sentence of one to ten years of imprisonment

Having an experienced attorney on your side can make a significant difference when navigating the legal system. Your attorney's job is to advocate on your behalf, present your case in the strongest possible light, and protect your rights throughout the process. Oftentimes, the prosecution will make an offer, and while it is entirely the defendant's decision whether or not to accept the offer, an attorney can offer you insight and tell you if it's in your best interest to accept the offer, and negotiate with the State for a better offer. An attorney can also examine how evidence was obtained, challenge the admissibility of evidence, and identify potential weaknesses in the prosecution's case.

Because of the difference between a misdemeanor and a felony, the consequences can be significant and potentially life-altering. A felony conviction can create substantial hurdles in areas such as employment, housing, professional opportunities, and other aspects of your future.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.

Possession of a controlled substance generally refers to possessing a drug that is regulated by state or federal law without legal authorization to do so. Examples can include unlawfully possessing prescription medications, cocaine, LSD (lysergic acid diethylamide), MDMA (3,4-methylenedioxymethamphetamine), heroin, and others substances.

In Georgia, unauthorized possession of a controlled substance is usually a felony, but the specific charge and potential penalties depend on the substance involved, its classification, the amount involved, and other factors. Georgia law also treats marijuana separately in certain circumstances.

Depending on the Schedule classification and whether it is a first or subsequent offense, the punishments for possession of a controlled substance in Georgia can include:

• 1 to 3 years in prison for a first-time offense
• Up to 30 years in prison for subsequent offenses
• Significant fines, probation, and mandatory drug evaluations
• A permanent felony record

The Five Schedules of Controlled Substances

Controlled substances are divided into five schedules: Schedule I through Schedule V. The schedules generally reflect the substance's accepted medical use, potential for abuse, and potential for physical or psychological dependence.

Schedule I

These substances are generally considered to have a high potential for abuse, no currently accepted medical use in treatment in the United States, and a lack of accepted safety for use under medical supervision. Examples include heroin, LSD, and MDMA. Although unauthorized possession is generally illegal, certain individuals and institutions may be authorized to possess Schedule I substances. For example, an institution carrying out medical research on the effects of GHB (γ-hydroxybutyric acid) may be allowed to possess it for their research. Marijuana is at the time of this writing, classified as a Schedule I substance under federal law. However, marijuana and cannabis-related laws are particularly complex because state and federal law do not always treat these substances in the same way. Georgia also has specific laws addressing marijuana, hemp, and certain medical cannabis products.

Schedule II

These substances have a high potential for abuse and may lead to severe psychological or physical dependence, but they have a currently accepted medical use in the United States, sometimes with significant restrictions. Examples include fentanyl and cocaine. Cocaine is an interesting example because, although cocaine itself is a Schedule II controlled substance, cocaine hydrochloride is used in certain prescription medications. For example, Goprelto and Numbrino contain cocaine hydrochloride and are used as local anesthetics for certain procedures involving the nasal passages. Licensed manufacturers and other authorized entities may therefore lawfully possess cocaine hydrochloride for legitimate medical purposes.

Schedule III

These substances have a lower potential for abuse than Schedule I or II substances and have accepted medical uses. Examples include certain anabolic steroids, testosterone, and ketamine.

Schedule IV

These substances generally have a lower potential for abuse and dependence than Schedule III substances. Common examples include diazepam (Valium), lorazepam (Ativan), alprazolam (Xanax). These are all benzodiazepines commonly used to treat anxiety.

Schedule V

These substances generally have the lowest potential for abuse among the five schedules. Examples include certain preparations containing limited quantities of controlled substances, such as diphenoxylate/atropine (Lomotil), which is an opioid commonly used to treat diarrhea, and pregabalin (Lyrica) which is often used to treat nerve pain.

Possession of Someone Else's Prescription Medication

Georgia law can create situations where a person may face legal questions even when the circumstances appear innocent.

For example, suppose a friend is sick and asks you to pick up their prescription medication from the pharmacy. You pick it up and place it in your vehicle so you can deliver it to them. If you are subsequently stopped by law enforcement, questions may arise concerning who was legally authorized to possess the medication and whether you had lawful possession or control over it.

Georgia law also generally requires controlled substances and certain dangerous drugs to remain in the original container in which they were dispensed, subject to statutory exceptions. This means that carrying medication in a pill organizer or another container can potentially raise legal issues.

Actual and Constructive Possession

One of the important issues in a Georgia possession case is whether the State can establish that the defendant actually or constructively possessed the controlled substance.

• Actual Possession: This generally refers to having direct physical possession of the substance. For example, having drugs in a person's pocket or in their hand.
• Constructive Possession: Constructive possession is different. A person does not necessarily have to have a controlled substance physically on their person to be accused of possessing it. Constructive possession may exist when a person knowingly has both the power and the intention to exercise control over the substance.

For example, if controlled substances are found inside a vehicle, residence, room, or other area, the fact that a person was present nearby does not necessarily establish constructive possession by itself. This can become particularly significant when multiple people have access to a residence or other property. For example, imagine that a person rents one portion of a house while another person occupies a separate portion. If law enforcement finds controlled substances in an area to which the renter did not have access, the question of whether the renter knowingly exercised control over those drugs may become an important issue in the case. Because constructive possession cases are highly fact-specific, an attorney can examine the circumstances surrounding the search, the location where the drugs were found, who had access to that location, and the other evidence connecting (or failing to connect) the defendant to the controlled substance.

Do not plead guilty or speak to law enforcement without exploring your options. Contact our firm today to schedule your consultation.