Categories
Firearm Charges
Do I need a license to carry a gun in Georgia?
Since 2022, Georgia has not required a weapons carry license for a person who is otherwise legally allowed to possess a firearm. That change did not legalize everything. Prohibited people still cannot carry, prohibited locations still apply, and unlawful carrying is a misdemeanor on a first offense and a felony punishable by two to five years on a second offense within five years.
What is the penalty for possession of a firearm by a convicted felon?
One to ten years in prison for a first offense, and five to ten years for a second or subsequent offense. If the underlying felony was a forcible one, the sentence is five years. The statute also reaches first offender probationers. These cases frequently turn on whether the state can actually prove possession, knowledge, or the validity of the prior conviction.
What happens if a gun was present while another crime was alleged?
Georgia treats it as a separate offense. Possessing a firearm, or a knife with a blade of three inches or more, on your person or within arm’s reach during the commission of certain felonies carries a five year sentence that runs consecutively to any other sentence. A second violation carries ten years that cannot be probated. This charge is often what turns a serious case into a devastating one.
Where can I not carry a firearm in Georgia, even without a license?
School safety zones are the trap most people fall into. Carrying or possessing a weapon within a school safety zone, at a school function, or on school transportation is an offense even for a lawful weapons carrier, and it is a felony punishable by two to ten years for someone who is not. Narrow exceptions exist for locked vehicle storage and for certain postsecondary campuses.
Can a firearm conviction be expunged, or my gun rights restored?
Rarely, and never automatically. Georgia’s record restriction law excludes most serious weapons convictions, and a felony conviction carries a firearm prohibition under both state and federal law. Restoration generally requires a pardon that expressly authorizes firearm possession, or relief under a narrow federal provision. That is precisely why the outcome of the case in front of you now is the whole ballgame.
DUI Defense
Will my license be suspended?
Possibly. You have 30 days from your arrest to challenge the suspension of your license. Missing that window is the most common and most avoidable mistake in a Georgia DUI. You either file the appropriate administrative appeal with the Department of Driver Services, you elect to install an ignition interlock in your vehicle, or you choose to have your license suspended for 12 months. These are very different paths, with very different risks and consequences. Let Scott help you choose which path is the right way for you.
What are the penalties for a first DUI in Georgia?
A first DUI conviction is a misdemeanor carrying a fine of $300 to $1,000, up to 12 months in jail with a 24 hour minimum, at least 40 hours of community service, DUI Risk Reduction school, and 12 months of probation. Your license may be suspended for 12 months, with reinstatement possible at some point.
Can I refuse a breath test in Georgia?
Yes. You can refuse, but refusal has its own consequences under Georgia’s implied consent law, including a possible license suspension. What most people do not know is that the Georgia Supreme Court has said your refusal of a breath test may be used against you as evidence at your criminal trial. Yes, you can refuse, and Scott is here to help you navigate the consequences and defend your case.
Can a DUI be dismissed or reduced to reckless driving?
Yes. Scott has gotten dozens of cases dismissed and hundreds of others reduced throughout Chatham County, Effingham County, Bryan County, and all of the cities and other nearby counties. Whether it can happen in your case depends on the stop, the testing, and how the evidence holds up under pressure. It is worth fighting for a reason: a Georgia DUI conviction is a serious traffic offense, which means it cannot later be restricted or expunged from your record. Let Scott help you fight for your rights.
Drug Charges
Is marijuana possession still a crime in Georgia?
Yes. Possession of one ounce or less is a misdemeanor, carrying up to 12 months and a fine up to $1,000. More than one ounce is a felony punishable by one to ten years. Georgia’s hemp laws have also made these cases messier, not simpler, because the legal question often turns on THC concentration and lab testing rather than on what the officer smelled or saw.
What is the difference between possession and possession with intent to distribute?
Weight, packaging, and inference. Simple possession means the drugs were yours to use. Intent to distribute is the state’s theory built from circumstantial evidence: quantity, how it was packaged, cash on hand, scales, text messages, and where the arrest happened. Intent cases carry dramatically higher exposure, and they are also the cases where the state’s inference is most vulnerable.
Can a first-time drug charge be kept off my record?
Often, yes. Georgia’s conditional discharge statute lets a first-time drug offender complete a period of probation and then have the case discharged and dismissed without any adjudication of guilt, which means it is not a conviction for purposes of the disqualifications that normally follow one. You get this treatment once in your lifetime, so how and when it is used matters.
Can drug charges be dismissed if the search was illegal?
Yes. If the stop, the search, or the seizure violated the Fourth Amendment, the evidence can be suppressed, and a drug case without the drugs is usually a case that ends. We look hard at the reason for the initial stop, whether consent was actually given, how long you were detained, whether a K-9 alert was reliable, and the chain of custody on the lab results.
Will a drug conviction affect more than my criminal record?
Yes, and this is the part clients underestimate. A Georgia drug conviction can suspend your driver’s license, affect federal financial aid and scholarship standing, trigger university disciplinary action separate from the criminal case, close off professional licensing, and show up on every background check for the rest of your life. The collateral damage often outlasts the sentence.
Domestic Violence
Can the alleged victim drop domestic violence charges in Georgia?
No, not on their own. Once police make an arrest, the case belongs to the prosecutor, and prosecutors regularly move forward even when the accuser wants it to stop, recants, or refuses to appear. What the accuser wants is relevant, but it is not controlling. The realistic path to a dismissal runs through the strength of the state’s evidence, not through a request.
What is family violence battery, and what are the penalties?
Family violence battery is battery committed against a household member: a spouse or former spouse, a co-parent, a parent or child, a stepparent or stepchild, a foster parent or foster child, or someone who lives or used to live in the home. A first conviction is a misdemeanor. A second conviction is a felony punishable by one to five years in prison.
Will a domestic violence conviction take away my gun rights?
Yes. A family violence conviction triggers firearm prohibitions under both Georgia and federal law, and the federal ban applies even to a misdemeanor. This is one of the few convictions where a misdemeanor carries a lifetime consequence most felonies do not. If you own firearms, hunt, hold a security or law enforcement position, or serve in the military, raise this with your attorney immediately.
What happens if there is a protective order against me?
A temporary protective order can be entered before you ever get to speak to a judge, based only on the other party’s sworn statement. It can order you out of your own home and away from your children, and a hearing typically follows within weeks. Violating it is a separate crime, no matter who initiated the contact. Do not respond to a text. Call your lawyer.
Can a family violence charge be cleared from my record later?
A dismissal or acquittal can be restricted. A conviction usually cannot. Georgia’s misdemeanor record restriction law specifically excludes family violence offenses, including simple assault, simple battery, battery, stalking, and violating a protective order, unless the person was under 21 at the time of arrest. That exclusion is the reason to fight the charge now rather than plead it out and plan to clean it up later.
Assault & Battery
What is the difference between assault and battery in Georgia?
Assault does not require contact. Simple assault is attempting to injure someone or putting them in reasonable fear of immediate harm. Simple battery is intentional physical contact of an insulting or provoking nature, or contact that causes physical harm. Battery is a step up: intentionally causing substantial physical harm or visible bodily harm, such as a blackened eye, a swollen lip, or substantial bruising. All three are misdemeanors carrying up to 12 months and a fine up to $1,000.
What are the penalties for aggravated assault or aggravated battery?
Both are felonies punishable by one to twenty years in prison. Aggravated assault involves an assault with intent to murder, rape, or rob, or one committed with a deadly weapon or by strangulation. Aggravated battery means maliciously causing serious bodily harm, such as depriving someone of a body part or seriously disfiguring them. These are the cases where a former prosecutor’s read on the state’s file matters most.
Is self-defense a real defense in Georgia?
Yes. Georgia law allows you to use force when you reasonably believe it is necessary to defend yourself or someone else against another person’s unlawful force, and Georgia recognizes no duty to retreat. Properly raised, self-defense is not just an argument to a jury. It can support a pretrial claim of immunity from prosecution. Preserving the evidence early, including injuries and messages, is critical.
What if the other person started it, or we were both fighting?
Then the state’s version is incomplete, and that matters. Who was the aggressor, who escalated, whether the force used was proportional, and whether either party was under the influence all shape the outcome. Mutual combat, provocation, and false or exaggerated allegations are all common in these cases. Charging decisions are often made in minutes at the scene, on one person’s account.
Can a simple battery charge turn into a felony?
Yes. A second battery conviction involving the same victim can be charged as a felony punishable by one to five years, even though the first was a misdemeanor. Charges can also be elevated based on the victim’s status, the level of injury, or whether a weapon was involved. If your case involves a household member, it is also charged as family violence, which brings its own separate consequences.
Still have questions about your case?
Contact us at info@duidefensesavannah.com or (912) 912-5807, or write to 329 Eisenhower Drive, Suite A-100, Savannah, GA 31406.