Category: Criminal Defense

Violent crimes are offenses that involve the use, attempted use, or threat of physical force against another person. In Georgia, a crime can still be classified as violent even if no one is physically harmed, as long as the act involves force, threats, or intimidation. These crimes often place others in immediate danger and may involve weapons.

Violent crimes are typically classified as felonies in Georgia and carry severe penalties. State law imposes mandatory minimum sentences or enhanced penalties when violent acts involve weapons, are committed against vulnerable individuals, or occur as part of gang activity or another felony.

What Is the Difference Between Misdemeanor and Felony Violent Crimes in Georgia?

The difference between a misdemeanor and a felony often lies in the severity of the harm caused, the intent behind the act, and the presence of aggravating factors such as weapon use or repeat offenses.

• Misdemeanor Violent Crimes: These include offenses like simple assault or simple battery, which may not involve serious physical injury or weapons. Penalties can include fines and up to 12 months in jail.
• Felony Violent Crimes: These involve serious bodily harm, deadly weapons, or intent to cause death or permanent injury. Felony convictions in Georgia can result in long prison terms, life imprisonment, or even the death penalty in extreme cases.

A single act may be charged as either a misdemeanor or a felony depending on factors like the accused’s criminal history, the identity of the victim, and the level of force or violence used.

What Types of Crimes Are Considered Violent in Georgia?

Georgia law defines a wide range of offenses as violent crimes, particularly when they involve force or the threat of force. Common violent crimes in the Savannah area include:

• Aggravated Assault or Aggravated Battery: Includes the use of a deadly weapon or intent to cause serious bodily harm, disfigurement, or disability.
• Armed Robbery: Involves taking property using a weapon or threatening the use of one. This is a serious felony with mandatory prison time.
• Cruelty to Children or the Elderly: Includes physical, emotional, or psychological abuse or neglect. These offenses carry heightened penalties due to the vulnerability of the victims.
• Home Invasion: Occurs when someone enters a home with a weapon and intends to commit a violent felony inside.
• Kidnapping: The unlawful removal or confinement of someone by force, threat, or deception. Even a short movement without consent may meet the legal definition.
• Manslaughter: Includes both voluntary (heat of passion) and involuntary (recklessness or criminal negligence) killings.
• Murder: The intentional killing of another person with malice, or during the commission of another felony. Murder in Georgia can result in life in prison or the death penalty.
• Rape: Non-consensual sexual penetration. Georgia imposes strict penalties, including lengthy prison terms and lifetime sex offender registration.
• Sexual Assault: Often applies to non-consensual acts committed by individuals in positions of authority, such as teachers, law enforcement, or healthcare providers.

Convictions for violent crimes in Georgia can lead to lengthy prison sentences, hefty fines, lifetime probation or parole, and permanent loss of civil rights, including the right to vote or own firearms.

What Are Legal Defenses Against Violent Criminal Charges?

If you’re charged with a violent crime in Georgia, a strong legal defense can be the difference between conviction and acquittal. Common legal defenses include:

• Self-Defense: Georgia law permits the use of force—even deadly force—when you reasonably believe it is necessary to prevent death or serious harm.
• Alibi: You were somewhere else when the crime occurred, and evidence or witnesses can confirm it.
• Defense of Others: You acted to protect another person from immediate harm.
• False Accusation: The alleged victim may have a motive to lie or misidentify you.
• Lack of Intent: The prosecution must prove that you intended to cause harm; if this cannot be shown, the charges may not hold.
• Mistaken Identity: Witnesses or law enforcement may have incorrectly identified you.
• Constitutional Violations: Any evidence obtained in violation of your constitutional rights—such as unlawful searches, coerced confessions, or lack of Miranda warnings—may be excluded from trial.
• Insufficient Evidence: The prosecution must prove guilt beyond a reasonable doubt. Weak, inconsistent, or circumstantial evidence can result in a dismissal or acquittal.

A seasoned criminal defense attorney in Savannah can review your case in detail and advise you on the best strategy based on the facts and applicable Georgia law.

What Should I Do If I Am Charged With a Violent Crime in Savannah?

If you’re arrested or under investigation for a violent offense in Savannah, taking immediate action can help protect your rights and your future. Here’s what you should do:

• Do not speak to the police without a lawyer present.
• Avoid posting about your case on social media.
• Document everything you remember about the incident and arrest.
• Preserve any evidence that may support your defense.
• Follow all bond conditions and court requirements.
• Contact an experienced criminal defense lawyer right away.

An early and aggressive legal strategy is critical in violent crime cases. The decisions you make now can have long-lasting effects.

Savannah Criminal Defense Lawyers at Kicklighter Law Fight Violent Crime Charges With Experience and Precision

Our Savannah criminal defense lawyers at Kicklighter Law are ready to investigate your case, challenge unlawfully obtained evidence, and build a strategic, tailored defense. Call 912-754-6003 or contact us online to schedule a confidential consultation. Located in Springfield, Georgia, we serve clients in Savannah, Effingham County, and the surrounding areas.

A criminal conviction in Georgia can significantly affect various aspects of a person’s life. Beyond potential jail time and fines, the impact of a conviction may extend to employment opportunities, housing, education, and personal relationships. If you or a loved one is facing this situation, we can explain the potential consequences and explain the available legal options.

What Are the Legal Penalties for a Criminal Conviction?

Legal penalties for criminal convictions always reflect the nature and severity of the offense. In Georgia, crimes are not categorized by class or degree; consequences are determined on a crime-by-crime basis. In the Peach State, crimes are classified as follows:

• Felonies are punishable by a one-year minimum imprisonment, but a serious violent felony can carry a 25-year imprisonment and a maximum death sentence penalty. Other consequences include a minimum $1,000 fine and probation. Examples of felonies include armed robbery, murder, kidnapping, and rape.
• Misdemeanors have less serious consequences because they are less serious; still, Georgia sees them as criminal acts. These penalties include probations, fines, and potential jail terms of up to one year. Examples of misdemeanors include domestic violence, some DUI offenses, and simple assault/battery.
• Infractions are petty offenses seen as non-criminal violations. The penalties are generally warnings, fines, and citations, without jail time. Examples of infractions are running a red light, disturbing the peace, and campsite or park violations.

How Does a Criminal Conviction Affect Employment Opportunities?

Criminal convictions can damage one’s employment opportunities, as many employers conduct background checks and may see convictions as liabilities.

Professions like healthcare or education often bar individuals with certain records, and crimes involving theft or dishonesty can raise trust concerns, creating further challenges in finding or maintaining work.

Can a Conviction Impact Housing Options?

A criminal conviction can restrict housing options, as landlords and public housing programs often deny applicants with records, particularly for violent crimes, drug offenses, or property damage. Federal law allows housing authorities to deny assistance for certain convictions, making it challenging to secure stable housing after a criminal record.

What Are the Consequences for Education and Financial Aid?

For individuals pursuing higher education, criminal convictions can present additional obstacles. Colleges may consider criminal history in admissions, and some campus housing or activities may be restricted. Drug-related convictions can also impact eligibility for federal aid, limiting access to grants, loans, or work-study programs and making education costs harder to manage.

Does a Conviction Have Long-Term Effects on Personal Relationships?

A criminal conviction can strain relationships, causing shame, isolation, or mistrust. Legal penalties like jail time or probation disrupt family life and availability. For parents, convictions may affect custody decisions, with courts potentially reducing parenting time or requiring supervised visitation to prioritize the child’s best interests.

Are There any Additional Consequences to Consider?

Criminal convictions can lead to the loss of rights, such as voting, serving on a jury, or holding public office. Felony convictions may also affect professional licenses, require sex offender registration, and create travel challenges, as some countries restrict entry for individuals with criminal records.

How Can the Consequences of a Conviction Be Mitigated?

While a conviction can create significant challenges, there are ways to address its effects. Some individuals may be eligible to have their records restricted or sealed through Georgia’s record restriction process, which can limit access to certain criminal history information. Although not all convictions are eligible, this process can make it easier to find employment or housing. Additionally, demonstrating rehabilitation, such as completing educational programs, maintaining steady employment, or participating in community service, can help rebuild trust with others and lessen the stigma associated with a conviction.

Contact the Savannah Criminal Defense Lawyers at Kicklighter Law and Take the First Step Toward Protecting Your Future

If you are facing criminal charges in Georgia, know that you are not alone. The experienced Savannah criminal defense lawyers at Kicklighter Law can explain your legal options and fight to protect your rights. For a confidential consultation, call our Springfield, Georgia, office at 912-754-6003 or contact us online. We serve clients in Effingham County, Savannah, and the surrounding areas.

Criminal sentencing in Georgia follows a structured legal process designed to uphold justice while taking into account the unique circumstances of each case. The sentencing phase is one of the most important stages of a criminal case, as it determines the penalties a person will face if found guilty. Georgia law provides guidelines and judicial discretion to balance fairness with the goal of deterring unlawful behavior. How does all of this work?

How Do Judges Determine Sentences, and What Is the Timing Like?

The timing for this reflects the category of the charge:

• For certain misdemeanor charges, you could be sentenced on the same day as the conviction.
• With a felony conviction, sentencing generally takes place on a separate court date. You might need to wait in jail until that date; your legal representative should provide some support while you are waiting.

A pre-sentence investigation may be ordered beforehand to assist the judge.  When the judge sentences you, the decision will be based on Georgia General Assembly federal sentencing laws and guidelines.

What Are the Sentencing Guidelines for Felonies and Misdemeanors in Georgia?

These sentences fall into four main categories:

• Felonies: Examples include armed robbery, kidnapping, aggravated child molestation, aggravated sodomy, rape, and aggravated sexual battery. These offenses result in 10 years without the possibility of parole.
  • Sentencing: More than one year in prison and potential fines of more than $1,000.
• Misdemeanor: Examples include domestic violence, some DUI offenses, shoplifting, reckless conduct, and vandalism.
  • Sentencing: Less than one year in prison and fines not exceeding $1,000.
• Misdemeanor of a High and Aggravated Nature: These crimes are generally more violent in terms of financial or physical damage. This category also includes repeated misdemeanors.
  • Sentencing: Less than one year in prison and fines not exceeding $5,000.
• Serious Violent Felonies: Examples of this include kidnapping, armed robbery, rape, or aggravated sexual battery committed against a minor under age 14.
  • Sentencing: Up to 25 years in prison.

What Is a Suspended Sentence?

A judge can give you a suspended sentence if they feel you are a good candidate for probation. When that happens, the prison term gets placed on hold until probation is complete. Be aware that violating your probation terms can result in you having to complete a full prison term.

To determine if you are a good candidate for a suspended sentence, judges look at criminal history, employment history, community ties, and any history of alcohol and drug abuse. Not all crimes are eligible for suspended sentences, however.

Can My Sentence Be Reduced?

In some situations, it may be possible to reduce or modify a sentence. Defendants can appeal a conviction or sentence if they believe errors occurred during the trial or sentencing phase. Successful appeals may result in a new trial or adjustments to the penalty imposed.

Plea agreements are common in the Georgia criminal justice system and can significantly impact sentencing outcomes. In a plea agreement, the defendant agrees to plead guilty to specific charges, often in exchange for reduced charges or a lighter sentence. These agreements can expedite the resolution of a case and reduce the uncertainty of a trial.

Skilled Savannah Criminal Defense Lawyers at Kicklighter Law Can Work Toward the Best Possible Outcome for Your Case

If you are facing criminal charges, it is vital to have knowledgeable legal representation. Our Savannah criminal defense lawyers at Kicklighter Law are prepared to help you understand your rights and guide you through the legal process with skill and professionalism. With a focus on thorough case preparation and advocacy, our team is committed to protecting client interests. To schedule an initial consultation, contact us online or call our Springfield, Georgia, office at 912-754-6003. We serve clients in Effingham County, Savannah, and the surrounding areas.

Field sobriety tests are a set of physical and cognitive assessments that law enforcement officers use to determine whether a driver may be impaired by alcohol or other substances. These tests are often performed at the scene when a driver is suspected of Driving Under the Influence (DUI). Below are answers to common questions about how these tests work.

What Are the Standard Field Sobriety Tests?

These tests are standardized by the National Highway Traffic Safety Administration (NHTSA):

• The Horizontal Gaze Nystagmus test measures involuntary jerking of the eyes, which can become more pronounced when a person is intoxicated. The officer instructs the driver to follow a moving object, such as a pen or flashlight, with their eyes.
• The Walk-and-Turn test assesses balance, coordination, and the ability to follow instructions. The driver is asked to take a specified number of steps, heel-to-toe, in a straight line, turn around, and return in the same manner.
• The One-Leg Stand test requires the driver to raise one leg off the ground, hold it for a certain period, and count out loud. This test evaluates balance and concentration, both of which can be affected by intoxication.

In certain situations, officers may use non-standardized tests or alternative methods to assess impairment. These are less common and are generally not as widely accepted as the standardized tests approved by the NHTSA. Examples include asking drivers to recite the alphabet or count backward.

How Accurate Are Field Sobriety Tests?

The NHTSA established the standardized tests to improve accuracy, but they are not infallible. Studies show that the ‘Horizontal Gaze Nystagmus test’ is considered the most reliable, with an accuracy rate of around 77% in identifying drivers with a Blood Alcohol Content (BAC) above the legal limit. The ‘Walk-and-Turn test’ is estimated to be around 68% accurate, while the ‘One-Leg Stand test’ has an accuracy of approximately 65%.

Environmental conditions, such as poor lighting or an uneven surface, may affect a driver’s performance on the tests. Physical limitations, age, or medical conditions unrelated to intoxication can also interfere with a driver’s ability to complete the tasks as instructed. Therefore, while field sobriety tests are often used as part of the process to assess impairment, they are not absolute indicators and can be challenged in legal proceedings.

Can Drivers Refuse to Take Field Sobriety Tests?

In Georgia, drivers are not legally required to take field sobriety tests. Refusing these tests, however, may still lead to arrest if the officer believes there is probable cause. It is important to understand that while field sobriety tests can contribute to an officer’s decision to request further testing or make an arrest, they are not definitive proof of impairment and can be challenged in court if necessary.

What Happens if a Driver Fails the Field Sobriety Tests?

Georgia’s current legal limits for Blood Alcohol Concentration (BAC) are:

• Drivers under 21: 0.02%
• Drivers over 21: 0.08%
• Commercial drivers: 0.04%

Failing a field sobriety test may lead to further investigation, including possible arrest and a request for further testing. If those reveal a blood alcohol content over the legal limit, that evidence may be used in court. However, these results can also be challenged in legal proceedings. A criminal defense lawyer might question whether the officer correctly administered the tests, if environmental factors affected performance, or if other factors impacted the results.

How Can a Lawyer Help After a Field Sobriety Test?

If you or a loved one was arrested after a field sobriety test, consulting a lawyer may be beneficial. They can examine the circumstances of the arrest, analyze the administration of the tests, and assess the overall legality of the stop. Our Savannah criminal defense lawyers work to identify any potential defenses, such as procedural errors, factors affecting test accuracy, or issues with the validity of the probable cause used by the officer.

The Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Charges Related to Field Sobriety Tests and DUI

Reach out to the trusted Savannah criminal defense lawyers at Kicklighter Law to learn how we might assist with your defense. To schedule an initial consultation, call our Springfield, Georgia, office at 912-754-6003 or contact us online. We gladly serve clients in Effingham County, Savannah, and the surrounding areas.

If you have been charged with a theft crime in Georgia, you could be facing penalties ranging from steep fines to a lengthy prison sentence. There are a number of theft crimes in Georgia, and the penalty imposed will depend on a range of factors, including the value of the stolen property and the method of the theft. Regardless of the crime that you have been charged with committing, it is imperative that you have an experienced theft crime lawyer on your side who will examine the charges that have been brought against you, review the evidence available, and recommend the defense strategy that will secure the best possible outcome for your case.

What Are the Different Types of Theft Crimes in Georgia?

The word theft covers a range of crimes, from minor misdemeanors to more serious felony theft crimes. The following are examples of the most common theft crimes in Georgia:

• Shoplifting: If you steal goods or merchandise from a store without paying for it or alter the price tag so that you pay less than what the item costs, you could be charged with shoplifting. A shoplifting offense involves stolen property that is worth $500 or less. If this is your first offense, the penalties include fines of up to $1,000, up to 12 months in jail, or both. If the value of the stolen item is more than $500, the crime becomes a felony offense, which has much harsher penalties, including up to 10 years in prison.
• Larceny, or theft by taking: This is a theft crime that involves unlawfully taking or appropriating another person’s property with the intention of depriving the owner of the property. Depending on the value of the stolen property and the circumstances surrounding the crime, theft by taking may be classified as a misdemeanor or a felony. For example, if the stolen property is valued at up to $1,500, it will likely be charged as a misdemeanor. However, if the value of the stolen property is more than $1,500, it may be considered a felony, which has increased penalties, including a possible prison sentence.
• Theft by deception: This is a serious theft crime that involves obtaining another person’s property by using deception, trickery, or fraudulent means. This can include concealing information, misrepresenting facts, or promising services that you have no intention of providing. Like theft by taking, the penalties for theft by deception will depend on the value of the property that is stolen. For example, if the property is valued at $1,500 or less, the crime is considered a misdemeanor. A theft by deception is considered a felony offense if the stolen property is valued at over $1,500.
• Theft by conversion: This is a type of white-collar crime that occurs when someone unlawfully obtains possession of another person’s property and uses it for their own purposes without the property owner’s permission. Theft by conversion crimes are often committed by someone who has been with property but uses it in an unauthorized manner.
• Theft of services: This type of theft crime occurs when someone obtains services without paying for them. Common examples include leaving a restaurant without paying for your meal, riding public transportation without purchasing a ticket, or obtaining cable or Wi-Fi services illegally. Penalties will depend on the value of the service that was stolen.

What Factors Determine the Penalty for a Theft Crime?

As mentioned, there are a number of factors that will determine the penalty for a theft crime. For example, if the value of the stolen property is less than $1,500, it will likely be considered a misdemeanor. The penalties include fines of up to $1,000 or a jail term of up to one year. If the stolen property is valued between $1,500 and $5,000, the theft crime is considered a felony that is punishable by a jail term of up to five years, although the judge presiding over the case has the discretion to charge the crime as a misdemeanor. The same penalty applies if the stolen property is valued between $5,000 and $25,000. However, if the value of the stolen property is $25,000 or more, it will be treated as a felony, which comes with a penalty of up to 20 years in prison.

In addition to fines and prison sentences, you could face additional consequences if you are charged with a theft crime. For example, the person you stole from could file a civil lawsuit against you and seek monetary damages, including the following:

• Compensatory damages, which include the value of the property and other losses incurred as a result of the theft
• Liquidated exemplary damages of up to $150 or twice the value of the loss, provided the total amount of the claim is under $5,000
• Legal and court costs associated with the lawsuit

What Are Examples of Effective Defense Strategies for Theft Crimes?

The prosecution has the burden of proving – beyond a shadow of a doubt – that you are guilty of a theft crime. There are a number of different defense strategies that your theft crime lawyer may recommend that will either prove that you are innocent or establish reasonable doubt. The following are examples of effective defense strategies for theft crimes:

• Lack of intent: If you believe that you had a right to the property in question or that you took the property by mistake, you may be able to prove that you had no intention of depriving the owner of their property.
• Challenging evidence: Your theft crime lawyer will thoroughly review all of the evidence available to determine if there are any weaknesses in the prosecution’s case. For example, your lawyer may question the legality of the search and seizure procedures or the reliability of a witness’s testimony. If there is insufficient evidence to prove that you committed the crime, your lawyer may recommend this defense strategy.
• Mistaken identity: If you can prove that you were wrongly identified as the person who committed the theft crime, and you have a strong alibi that you were somewhere else when the crime occurred, this may be an effective defense strategy.
• Negotiating plea deals. In certain circumstances, your lawyer may be able to negotiate a plea deal that will result in a reduced charge or less severe penalties.
• Entrapment. Entrapment occurs when a law enforcement official or a government agent convinces you to commit a crime that you would not have otherwise committed. If you can prove that you committed a theft crime under these circumstances, this may be an effective defense strategy.
• False accusation: If the charges against you are motivated by personal animosity or ulterior motives, and you have evidence to prove that this is the case, you may pursue this line of defense.
• Duress or coercion: While this is similar to entrapment, coercion involves the use of threats or force to pressure you to do something against your will.

The Savannah Theft Crime Lawyers at Kicklighter Law Represent Clients Facing Theft Charges

If you or someone you know has been charged with a theft crime, it is highly recommended that you contact the Savannah theft crime lawyers at Kicklighter Law at your earliest convenience. We will thoroughly review the charges that have been brought against you, the evidence available, and the value of the property that was stolen. Our dedicated legal team will determine the most effective defense strategy that will protect your legal rights and secure the best possible outcome for your case. To schedule a confidential consultation, call us today at 912-754-6003 or fill out our online form. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

In apartment complexes, landlords bear significant responsibility for ensuring the safety and security of their tenants. While landlords are typically held accountable in civil courts for negligence or failing to maintain safe premises, there are rare circumstances where their inaction or decisions may rise to the level of criminal liability.

Criminal vs. Civil Liability for Landlords

Criminal liability involves a landlord facing prosecution by the state for actions or omissions that contributed to a crime, such as sexual assault. This differs from civil liability, where tenants may sue landlords for monetary damages in cases of negligence. For criminal charges, the prosecution must prove that the landlord’s actions—or failure to act—were intentional, reckless, or grossly negligent to the point of endangering tenant safety.

When Does a Landlord’s Responsibility Turn Criminal?

Although rare, landlords may be criminally liable if their actions directly or indirectly facilitate a sexual assault. Examples include:

• Failure to Address Known Threats: If a landlord is aware of a tenant or employee with a history of violent or sexual misconduct and does nothing to address the issue, they may face criminal charges if that individual assaults another tenant.
• Deliberate Disregard for Tenant Safety: Criminal liability may arise when a landlord knowingly ignores unsafe conditions, such as broken locks, insufficient lighting, or faulty security systems, especially after repeated tenant complaints. Prosecutors may argue that such gross negligence recklessly endangered tenants’ lives.
• Enabling Criminal Behavior: Landlords who intentionally facilitate or ignore illegal activities, such as drug use or human trafficking on their property, may face charges if these activities contribute to an environment where sexual assaults occur.

What Must Prosecutors Prove?

To hold a landlord criminally liable, prosecutors must establish:

• A Duty of Care: Landlords owe tenants a duty to maintain reasonably safe premises.
• Breach of Duty: The landlord’s actions or omissions must constitute a violation of that duty.
• Causation: Prosecutors must show that the landlord’s failure directly contributed to the assault.
• Intent or Recklessness: The landlord’s behavior must be more than mere negligence—it must demonstrate a willful disregard for tenant safety.

Landlord Defense Strategies in Criminal Cases

Facing criminal charges as a landlord is a serious matter. Savannah criminal defense lawyers can employ various defense strategies, such as:

• Challenging Evidence: Proving causation is often difficult. A landlord’s defense may focus on disputing claims that their actions or inactions directly led to the assault.
• Lack of Intent: The defense may argue that the landlord’s failure to act was not reckless or intentional but rather an oversight or misunderstanding.
• Third-Party Liability: Landlords are not typically held liable for criminal acts of third parties unless they have prior knowledge of the threat.

Protecting Your Rights as a Landlord

If you are a landlord facing criminal allegations related to tenant safety, it is crucial to secure experienced legal representation. Savannah criminal defense lawyers can analyze the facts, protect your rights, and work to build a strong defense.

Contact the Savannah Criminal Defense Lawyers at Kicklighter Law for Skilled Criminal Defense

At Kicklighter Law, we understand landlord-tenant law and criminal liability complexities. The skilled Savannah criminal defense lawyers are here to help. Call us at 912-754-6003 or contact us online for a consultation. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas

Drinking and driving do not mix. Some drivers simply take more risks than others. While some drivers allocate a designated driver when planning to drink alcohol, other drivers are willing to take risks, and no age group takes more risks than that of teenagers and young adults, even when driving. Drivers under the age of 21 simply do not have the maturity or experience to always make the right decisions, especially when it comes to the newly found thrill of driving a car. Unfortunately, too many drivers under the age of 21 learn the hard way.

In a report by the National Highway Traffic Safety Administration (NHTSA), nearly 2,400 teenage drivers lost their lives while driving in 2019. According to another report by the NHTSA, more than 2,000 drivers in the same year were killed in car accidents involving a teenage driver between 15-18 years of age.  

For numerous underage drinkers who are fortunate enough to be pulled over by a police officer rather than suffer a serious car accident, the consequences of their actions could be major. All states have serious penalties for drinking and driving, and Georgia is no different.  Drinking and driving is a dangerous proposition despite the age of the driver, but because underage drinking and driving is potentially more dangerous than for any other age group, and because people under the age of 21 should not be drinking at all, the threshold for what is considered driving under the influence (DUI) is considerably lower for drivers under the age of 21 than for drivers 21 years and older.

How Do States Establish What Determines Drunk Driving?

The only sure way for the law to outright prove drunk driving is to do it scientifically. Every legal system when it comes to establishing what defines drunk driving uses what is called blood alcohol content (BAC), also called blood alcohol concentration or blood alcohol level.  

BAC is the amount of alcohol that is in your blood, or rather, it is the ratio of alcohol in your blood. The ratio is based on the amount of alcohol present per 100 milliliters (ml) of blood. For example, a BAC of .10% is one part alcohol per 1,000 parts of blood. To place it into perspective, if you have a BAC of .08%, you have 80 mg of alcohol per 100 ml of blood in your body.  

What Is the Legal Limit for Drinking and Driving?

The legal limit for drivers 21 years of age and older in the state of Georgia is a BAC of .08%. That means that it is illegal for you to drive if your BAC is .08% or over. For drivers under the age of 21, which is the minimum age you can be to legally drink alcohol, the legal limit is .02%. That means that one alcoholic beverage could place you in danger of exceeding the legal limit.

How Can You Tell If You Have Had Too Much to Drink?

Tracking your drinking depends on your knowledge of alcohol and other factors. First, you should understand what defines a standard alcoholic beverage. This can be used to determine what your liver can process without you exceeding the legal limit. The liver, on average, can process one standard drink per hour. 

The standard drink is 12 ounces of beer, five ounces of wine, or 1.5 ounces of liquor. Remember that the alcohol content for beer and wine differs accordingly. Next, you need to factor in the variables. These include the amount of alcohol you are consuming, the time span in which you are consuming your drinks, the amount of food you have eaten, your age, your gender, and your weight.

In practical terms, a 165-pound man who has consumed four standard beers in one hour has a BAC of approximately 0.082%. A 130-pound female who has consumed the same amount in the same amount of time has a BAC of about 0.123%.  

Remember that alcohol is absorbed through muscle tissue, not fat. Thus, the more fat in your body, the higher your alcohol content will be. This is helpful because people who are in good physical condition will tend to have less body fat; thus, they will have a lower BAC.

It is important to remember that men and women have different body types. Women, on average, have a fat percentage of between 18% and 20%, whereas men, on average, have a fat percentage of between 10% to 15%. In general, men’s bodies contain more body water, enabling them to dilute more alcohol.  

What Are the Penalties for a DUI If You Are Underage?

It is first important to remember that if you are under the age of 21 and are caught driving drunk, you may be charged with more than one offense. These include driving under the influence, underage DUI, and illegal possession of alcohol.

For a first offense, an underage DUI carries with it a mandatory license suspension of 30 days; in some cases, it could be as high as six to 12 months, depending on your BAC. You will pay in fines anywhere from $300 to $1,000. You will serve at least 24 hours in jail and will be sentenced to probation or community service.  

You will have to be on probation for a period of 12 months, which means that you will have to report to probation once a month and be subjected to random drug and alcohol screenings. The judge will also order you to complete an alcohol treatment program of some sort.   

The worst part of being convicted with a DUI is that you will be charged with a misdemeanor, which means a criminal record. This could be damaging when looking for a good job. Your insurance rates are also sure to go up.  

For subsequent offenses, the penalties for a drunk driving conviction are relevant to that of someone who is 21 years of age or older. If you are a multiple offender, you could lose your license anywhere from 18 months to five years.

A second offense within a 10-year period is a misdemeanor that carries a minimum of a $600 fine, 72 hours to 12 months in jail, and a minimum of 30 days of community service.

A third offense within a 10-year period is a high and aggravated misdemeanor, with a fine of $1,000 to $5,0000, 15 days to 22 months in jail, and a minimum of 30 days community service.

Do You Have to Submit to a Breathalyzer Test?

A police officer is going to read to you an implied consent notice. This is to inform you that if you refuse to take a blood test, it will be used against you in a court of law. What this means is that the state will assume that you would have failed the test had you taken it. This, however, could leave your lawyer some options.

What Is a Defense Against a DUI?

A DUI is a serious charge. Georgia is a zero-tolerance state, which means that it does not forgive you under any circumstances if you are caught drunk driving. A DUI charge, however, is not unbeatable. For a DUI charge to stick, a prosecutor must prove guilty beyond a reasonable doubt.

 A defense lawyer will set out to question how the breathalyzer test was administered and the reason you were pulled over. It could be found that the traffic stop was illegal, and that would make any evidence thereafter inadmissible.

Also, breathalyzers are not accurate to a scientific certainty. If you are asked to take a breathalyzer test on the road, do not take it; you are going to get charged anyway for refusing, but if you fail the test, your chances of winning just deceased.  

You should also refuse a roadside sobriety test, which is in reality considered completely unscientific and ludicrous. Remember that a breathalyzer test has a .02 margin of error, which is the reason that Georgia has a zero-tolerance policy.

The Savannah Criminal Defense Lawyers at Kicklighter Law Represent Those Charged with Underage Drinking and Driving

If you have been charged with a DUI and are under the age of 21, you need to hire a lawyer immediately. Our experienced Savannah criminal defense lawyers at Kicklighter Law will fight hard to get you the best possible outcome. Call us at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.  

Oftentimes, people use the terms assault and battery interchangeably, or lump the charges together. However, in Georgia, they are two separate offenses. In addition, both assault and battery are broken down into two categories, including simple and aggravated offenses. If you are facing an assault conviction, the penalties will vary based whether the assault was simple or aggravated, and whether the assault included battery. Whether you were convicted of a simple assault or aggravated assault and battery, you could face a prison sentence, although the length of the prison term will depend on the severity of the crime. An experienced criminal defense lawyer will review the charges that have been brought against you, ensure that your legal rights are protected, and recommend the most effective defense strategy.

What Constitutes an Assault in Georgia?

While the definition of assault varies by state, in Georgia, an assault is when an individual acts in a way that causes the threat of bodily harm to another person. In other words, assault is the threat of battery, which occurs when actual bodily harm is done to another person. Physical contact is not necessary in order for an assault to take place. For example, if you got into a heated argument with another person, and you threatened to break their arm, this would be considered assault. There are two types of assault, including the following:

• Simple assault: In Georgia, a simple assault occurs when someone attempts to commit a violent injury to another person, or commit an act that places another person in reasonable apprehension of immediately being injured.
  In order for someone to be charged with assault, the prosecution must be able to prove that the victim had a reasonable fear of being harmed. However, this can be challenging to prove since different people have varying levels of fear based on their size, gender, and other factors. Ultimately, it comes down to whether a reasonable person in the same situation would have felt afraid if they had been subjected to the same threatening or intimidating behavior. No touching or physical contact is necessary to be considered simple assault. This is a misdemeanor offense.
• Aggravated assault: This is a felony offense, which is a more serious crime that involves the threat of extreme violence or the use of a deadly weapon. The following offenses are considered aggravated assault:
  – An assault with the intent to murder, rape, or rob
  – Assault with a deadly weapon, object, or device that can cause another person serious bodily injury
  – Assault involving an object, device, or instrument that is likely to cause strangulation when used offensively against another person
  – Discharging a firearm when operating a motor vehicle and threatening to discharge the weapon toward another person
  – The assault victim is over the age of 65
  – The assault victim is pregnant

What Are the Penalties for Assault?

The penalties for an assault conviction will vary based on the nature and severity of the crime. For example, if you are convicted of a simple assault, this is a misdemeanor offense, the penalties for which may include up to $1,000 in fines and up to 12 months in jail. Depending on the details of your case, you may be given one year of probation or restitution payments, which involves making payments to the victim for any damages. Keep in mind that the judge will not consider whether you are in a financial position to be able to make these payments.

If you have been convicted of aggravated assault, this is a more serious crime that comes with more severe penalties, including the following:

• Significantly more expensive fines
• One to 20 years in prison
• Restitution payments

What Are the Defense Strategies for an Assault Charge?

If you are facing assault charges, it is highly recommended that you contact an experienced criminal defense lawyer who will review the details of your case and determine the most effective defense strategy. The following are examples of defense strategies that your lawyer may recommend based on the circumstances of your case:

• A threat to commit injury to another person in the future, not immediately: A warning of future harm is not sufficient to find a suspect guilty of assault.
• The victim was not in reasonable apprehension of an assault: If you are able to prove that the victim was not in reasonable apprehension of assault, you cannot be convicted of the crime. It will be up to the jury to determine whether the victim was in reasonable apprehension.
• Self-defense: In order to prove self-defense, you must be able to show there was a threat of unlawful force or harm against you, there was a reasonable basis for your fear of injury, you did not provoke the threat, and there was no chance that you could escape or retreat.
• Defense of others: This is a viable defense strategy if you can prove you believed that another person was in danger of being harmed, and the victim believed they were in danger of being harmed.
• Defense of property: An assault may be justified if the use of force was necessary to protect or defend your property.
• Consent: An act cannot be considered assault if you had consent from the other person to commit the act unless the touching exceeded the intended amount.
• Innocence: If you have an airtight alibi or a witness can prove that you could not have committed the crime, this is an effective defense strategy.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Assault Charges

If you or someone you know is facing assault charges, do not hesitate to contact the Savannah criminal defense lawyers at Kicklighter Law. Our highly skilled legal team understands the impact that a conviction can have on your personal and professional life. We will conduct a thorough investigation into the circumstances of your case, the charges that have been filed against you, and the evidence available to determine the most effective defense strategy that will result in the best possible outcome and ensure that your legal rights are protected. To schedule a confidential consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you have been charged with assault in Georgia, these are serious charges that come with severe penalties if you are convicted. Keep in mind, however, that just because you have been charged with a crime does not mean that you will be convicted. A highly skilled criminal defense lawyer can use various effective defense strategies to protect your legal rights and have the charges against you reduced or dropped. However, while an assault victim must be able to prove that the assault occurred, the Georgia Crime Victims Bill of Rights states that victims of certain crimes – including assault – are entitled to specific rights. To ensure that your legal rights are protected as you navigate assault charges, you contact an experienced criminal defense lawyer at your earliest convenience.

What Is Reasonable Apprehension in an Assault Case?

A simple assault occurs when someone either attempts to commit a violent injury to another person or commits an act that places another person in reasonable apprehension of being immediately injured. For someone to be charged with assault, the prosecution must be able to prove that the victim had a reasonable fear of being harmed. However, this can be a somewhat vague concept to prove, and apprehension in the mind of a reasonable person depends on the circumstances. Ultimately, it comes down to whether a reasonable person in the same situation would have felt afraid if they had been subjected to the same threatening or intimidating behavior.

Georgia Crime Victims Bill of Rights

According to the Georgia Crime Victims Bill of Rights, victims of assault and a range of other crimes have the following rights:

• The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings.
• The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused.
• The right not to be excluded from any scheduled court proceedings except as provided by law.
• The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused.
• The right to file a written objection in any parole proceedings involving the accused.
• The right to confer with the prosecuting attorney in any criminal prosecution related to the victim.
• The right to restitution as provided by the law.
• The right to proceedings free from unreasonable delay.
• The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.

After a crime occurs and has been reported, law enforcement and court personnel must notify the victim of an assault of the following:

• The possibility of the accused being released from custody before the trial.
• Victims of assault have certain rights during the stages of the criminal justice system.
• Victims have the right to refuse or agree to be interviewed by the accused, the accused attorney, or anyone who represents or contacts them on behalf of the accused.

Additional information about these stages can be obtained by contacting the relevant state and/or local agency or the Criminal Justice Coordinating Council. Victims may be eligible for monetary compensation for certain out-of-pocket losses incurred due to their victimization from the Georgia Crime Victims Compensation Program administered by the Criminal Justice Coordinating Council.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Individuals Facing Assault Charges

If you have been charged with assault, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. While there is a wide range of legal protections for assault victims, our highly skilled legal team will ensure that your legal rights are protected and recommend the best defense strategy. To schedule a confidential consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.