Lawrenceville Criminal Law Blog

While there is no denying that graffiti artists are often quite creative and skilled, there are consequences to their actions. Under Georgia law, graffiti, also known as street art, is considered a form of vandalism. Any person defacing property without consent of the owner can be charged with criminal trespass, if the damage to the property totals less than $500. This is a misdemeanor offense, and is punishable by up to one year in jail and imposed fines. The state also considers the defacement of grave markers, plaques, memorials and monuments of service members in any manner to warrant a criminal trespass charge, regardless of the monetary amount of damage.

Criminal damage, a more serious charge of the two vandalism types, is classified in two degrees. First-degree criminal damage is considered to endanger human life by a malicious act. It includes damage to public works structures, including gas, water and sewer lines. This offense can result in a felony charge with a punishment of up to 10 years in prison and steep fines. A first-degree charge is not determined by any monetary amount of damage.

It's somewhat commonplace to hear the terms robbery and burglary in the news. Many may think the terms are interchangeable, however, that is not the case. There are key differences between burglary and robbery that one facing these accusations would want to know and fully understand.

Understanding the charges will help a person defend themselves to the best of their abilities. While both accusations of robbery and burglary include the theft of personal property, the circumstances and means of the alleged crime are different. Robbery may include physical harm or the threat of physical harm, sometimes with a weapon. However, burglary is a theft in which a person suffers actual harm. Basically, robbery is theft that is accomplished with violence or the threat of violence.

For anyone who has ever had a disagreement with a loved one, they know that arguments can escalate quickly. It isn't unusual for quarreling couples to say something they don't mean in the heat of the moment. However, what happens when a person has done something they can't take back? If it has to do with domestic assault allegations, it could have multiple potential consequences.

If a loved one or spouse has accused you of domestic assault, this is a serious allegation. If a person has decided to cooperate with police and press charges, the prosecutor assigned to handle the case could potentially seek criminal charges for things like battery or assault. Aside from the immediate ramifications, domestic assault charges could impact divorce proceedings or child custody proceedings at a later date if the allegations are proven or further prosecuted.

Drug charges often stem from an incident where drugs or drug paraphernalia are found on a person or on their property. Authorities, like police officers, are granted permission to search and seize a person's property if illegal activity is suspected. Under the Constitution, the search of a person and their property is governed by the 4th Amendment.

So, how does one know if the search and seizure they endured was legally permissible? The 4th Amendment protects all citizens from illegal searches by providing safeguards and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends upon the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search took place.