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- Have you been charged with Possession of a Firearm, Tools, or Knife during the Commission of a Felon
While Georgia laws are more lenient when one is “carrying” a firearm, there is less leniency when one is in possession of a firearm when committing a crime. In Georgia, if you bring a weapon to commit an offense it is assumed that you are intending and/or willing to hurt or kill another person. The State of Georgia considers it a separate crime to possess a weapon when one is committing illegal acts. Which means that you can be charged with two separate crimes for the same offense. What does the law say? OCGA 16-11-106 states that it is a felony for any person to have within arm’s reach of their person a firearm or a knife having a blade of three or more inches in length during the commission of, or the attempt to commit any of the following offenses: Any crime against another person The unlawful entry into a building or vehicle The theft from a building or vehicle Any crime involving possession, manufacture, delivery, distribution dispensing, administering, selling, or possession with intent to distribute ANY controlled substance or Any crime involving trafficking drugs (methamphetamine, marijuana, cocaine, etc.) Under this statute “within arm’s reach” means to have immediate access to. What is the punishment for possession of a firearm during the commission of a felony? A first conviction is punishable by five (5) years in prison CONSECUTIVELY. A second or subsequent conviction for possession of a firearm by a felon is punishable by a sentence of ten (10) years in prison consecutively (cannot be suspended or probated). Under the law the sentence for this charge will run consecutive to the underlying crime. This means that the sentence cannot run concurrently (at the same time) as the underlying felony. For example, if you commit a burglary and are sentenced to 5 years in prison and receive a sentence of 5 years for carrying a firearm, your total sentence is 10 years in prison. If you or someone you know needs help with weapon charges in DeKalb County, having a lawyer help you through the process can ensure your rights are protected. Contact the JBM Law Office today for a free consultation.
- Have you been charged with Possession of a Firearm by a Convicted Felon in DeKalb County?
In Georgia, if you have been convicted of a felony the law does not allow for you to have a firearm. If you are caught being in possession of a firearm, and you are a convicted felon, you can be punished by a sentence of 1-10 years. What is possession? Possession of a firearm can be actual or constructive. Actual possession means that the person has direct control of the firearm i.e. on their person, in their vehicle, etc. Constructive possession is having knowledge of the firearms location and knowledge of its existence being near you but not on your person. For example, living in the same house with someone who has firearms is illegal and you can be charged. Sentence for possession of a firearm by a convicted felon? A first-time conviction for possession of a firearm by a felon is punishable by a sentence of 1-5 years in prison. A second or subsequent conviction for possession of a firearm by a felon is punishable by a sentence of 5-10 years in prison. If you or someone you know needs help with weapon charges in DeKalb County, having a lawyer help you through the process can ensure your rights are protected. Contact the JBM Law Office today for a free consultation.
- Georgia Super Speeder
If you are driving 85 MPH or more on any road or highway OR driving 75mph or more on any two-lane road or highway in Georgia, you are deemed to be a ‘super speeder.’ What does that mean? It means that in addition to the local fines and fees you pay to resolve your ticket you will also have to pay an additional $200 super speeder fee to DDS. You have 90 days from the date of conviction (i.e paying ticket or entering a plea) to submit the payment to DDS. If you fail to pay the $200 fee within 90 days your license will be suspended. If you or someone you know has been arrested with a super speeder ticket, having a lawyer fight your case can result in a better outcome. Contact the JBM Law Office today for a free consultation.
- Georgia Immunity Motions in Felony Domestic Violence Cases
If a person is charged in the State of Georgia with a Felony Domestic Violence, that person has the right to claim self-defense. Not only can the person claim self-defense at trial, but the person also has the right to file what is called an immunity motion under O.C.G.A. § 16-3-24.2. This is a legal motion made pre-trial, whereby a person can assert that their self-defense claim is so strong that the Court cannot allow the prosecutor to continue with the case. Once the motion is filed, the Court must hear and rule on the motion prior to trial. In an immunity motion the burden is on the defense to establish, by a preponderance of the evidence (more likely than not), that they should win on the self-defense theory. Once the defense has raised the self-defense claim, the State then has the burden of disproving the claim of self-defense beyond a reasonable doubt. The judge will hear testimony, consider evidence, and make a ruling. Two outcomes can occur: If the Court finds that the defense presented sufficient evidence at the pretrial hearing and persuaded the Court that they were acting in self-defense --- the Court will grant the motion and dismiss the case. If the Court finds that the defense did not present sufficient evidence at the pretrial hearing and did not persuade the Court that they were acting in self-defense --- the Court will deny the motion and the case will proceed to trial. The advantage to filing this type of motion is that it can protect a person who is charged with felony domestic violence from the risk of uncertainty of going to trial. If the motion is not successful, the person charged, still has every right to fight the charges at trial. These motions can be very beneficial, in the right case, for the person charged with felony domestic violence. If you or someone you know has been arrested for a felony domestic violence charge, having a lawyer fight your case can result in a better outcome. Contact the JBM Law Office today for a free consultation.