Fitzgerald Law

2 factors that can affect a breathalyzer’s accuracy

2026-06-07T11:52:28Z

Failing a breathalyzer test generally results in a driving under the influence (DUI) of alcohol charge. Even though breathalyzers are highly sensitive and generally accurate, readings can be inaccurate. Some factors can lead to a breathalyzer giving a false positive or a higher blood alcohol concentration (BAC) than the subject’s actual BAC. Examples of those factors include the following.

Poor calibration

A breathalyzer’s sensor degrades over time due to wear and tear, environmental exposure and sensor drift. Regular calibration ensures a device remains accurate and reliable. A breathalyzer that is not properly inspected and calibrated for accuracy can give inaccurate readings. In Georgia, the Division of Forensic Sciences (DOFS) of the Georgia Bureau of Investigation (GBI) oversees such inspections. The department requires breathalyzers to be inspected once every three months by members of the Georgia State Patrol Implied Consent Unit under DOFS guidelines. Law enforcement officers keep records of a device’s periodic inspections, maintenance and calibration. If you believe the breathalyzer used to measure your BAC was poorly calibrated, such records can help you demonstrate that.

Foreign substances

Foreign substances in the mouth that contain alcohol can react with a breathalyzer’s sensor and give a false positive or inaccurate BAC readings. These include mouthwash, breath spray and medication. Besides, eating certain fermented foods can cause trace amounts of alcohol in the mouth, which can be detected by a breathalyzer. A breathalyzer may also be triggered by acetone, as its chemical structure closely mimics ethanol. This is frequently reported among individuals with diabetes, on keto diets and those fasting. Additionally, medical conditions that cause stomach acid to backflow into the esophagus, such as acid reflux, can lead to mouth alcohol that can affect a breathalyzer’s results. If BAC readings that led to a recent DUI charge may have been inaccurate, consider seeking legal guidance to confirm the accuracy of your results and defend your future.

What is the age of consent in Georgia?

2026-05-25T16:20:58Z

Confusion about the law is often the underlying issue behind many criminal charges. People who assume that their behavior is legal may learn the hard way that they misunderstand state statutes. Even in private situations, including intimate relationships, certain behavior can put people at risk of criminal charges. In Georgia, young adults must be a certain age legally consent to physical intimacy with other people, especially adults. Anyone who is unaware of the age of consent rules in Georgia could potentially be at risk of a statutory rape charge or similar criminal allegations. At what age does a teenager gain the legally recognized ability to consent to an intimate encounter with another person?

Younger teens cannot consent

Under Georgia state statutes, teenagers do not need to be legal adults to consent to intimate encounters with others. However, they must be at least 16 years of age to voluntarily participate in physical intimacy. Especially in scenario is involving older people dating younger adults, the older partner could be at risk of prosecution if the younger partner is 15 or younger. Even in cases where the younger party pursued the older partner, criminal prosecution is possible. Georgia does have a so-called "Romeo and Juliet" law that reduces the charges sought in cases involving two people who are both teenagers. If the younger partner is 14 or 15 and other older partner is 18 or younger, the state may charge the older partner with a misdemeanor offense instead of a felony. Reviewing the situation that led to statutory rape accusations – and any potentially exculpatory factors – with a skilled legal team can help people avoid the worst-case scenario in criminal court.

What if the “victim” started the fight?

2026-05-25T10:53:21Z

When police arrive after a fight, they often step into a confusing scene where emotions are high, injuries are visible and everyone has a different version of what happened. The person accused of violence may feel like officers only heard one side of the story, especially if the other person threw the first punch, made the first threat or pushed the confrontation further. For someone accused of battery, aggravated assault or another violent crime in Georgia, one question often matters right away: what if the other person started it?

Starting the fight can change the story

Police reports do not always capture the full truth. Officers may arrive after the physical confrontation has ended, when witnesses feel emotional and stories have already started to shift. If one person threw the first punch, made threats, blocked an exit or reached for a weapon, those details may affect the defense. Georgia law recognizes that a person may use force to defend themselves or a third person in certain situations. The state’s rule on defense of self or others focuses on whether the person reasonably believed force was necessary to stop another person’s imminent use of unlawful force. That does not mean every fight qualifies as self-defense. The facts matter, including who started or escalated the encounter, whether the response matched the threat and whether the danger continued when force occurred.

Self-defense is not a free pass

A person can still face charges even when the other person acted aggressively first. Prosecutors may argue that the accused used excessive force, continued fighting after the threat ended or became the aggressor later in the encounter. This issue comes up often in violent crime cases, especially when alcohol, prior conflict, family tension or weapons are involved. A bar fight, neighborhood dispute or argument between romantic partners can turn into a felony case faster than people expect. That is why the first version of the story matters. Statements to police, texts sent afterward and social media posts can all shape how prosecutors view the case.

What should you do after an assault arrest?

After an arrest, the goal is not to argue the whole case on the sidewalk, in the patrol car or during a phone call from jail. It is usually safer to slow down and protect the details that may support the defense. Important steps may include:

Saving texts, videos, call logs and photos
Writing down witness names while memories are fresh
Avoiding contact with the other person
Staying off social media about the incident
Not discussing facts of the case on recorded jail calls

These steps cannot undo an arrest, but they may help preserve the parts of the story police missed.

The first report may not be the final word

A charge does not mean the state has the complete picture. It means prosecutors believe they have sufficient evidence to move forward. The defense may still challenge witness accounts, physical evidence, the timeline, injury claims and the allegation that the accused acted unlawfully. If the “victim” started the fight, that detail should not stay buried. Gather proof early, avoid statements that could make the case worse and get legal guidance before trying to explain everything alone.

What is prohibited under Georgia’s knife laws?

2026-05-12T21:59:29Z

Compared to some other states, Georgia has relatively liberal knife laws. But to understand Georgia’s knife laws, let’s first define what a knife is. Here, knives are defined as cutting instruments made for personal defense and offense that have blades and attached handles.

Legal knives you can own in Georgia

The laws do not restrict knife ownership, and all of the following knives may be owned here:

Pocket knives
Folding knives
Balisong or butterfly knives
Bowie knives
Disguised knives, e.g., cane, belt or lipstick knives
Switchblades, daggers, dirks and stilettos
Throwing knives
Ballistic knives
Undetectable knives that can pass through metal detectors
Karambits
Swords

As stated, that’s a very liberal list of legal weaponry. But it’s important to understand that those laws only apply to private ownership.

Knife-carrying laws explained

Any adult in Georgia may openly carry all knives with blades less than 12”. To open carry knives with longer blades requires getting a weapons permit. However, as there are no laws against the concealment of knives in Georgia, adults can conceal all knives with blades shorter than a foot.

Can I conceal carry my switchblade?

Knife enthusiasts should be glad to hear that, unless they own one with a blade that is over a foot long, it is legal to both conceal and carry switchblades openly.

Exceptions to the rule

Any convicted felon in Georgia who has not received a pardon or had their criminal record expunged cannot own or carry weapons. To once again legally carry your knife here in Georgia requires having your rights restored by the state. If you are facing a felony weapons charge, it is important to learn all that you can about the legalities of owning and carrying a knife or gun.

Do people have to try to leave before acting in self-defense?

2026-04-26T02:53:34Z

When confrontations arise, people often have to make rapid judgments regarding their next steps. They may attempt to leave a situation that has become volatile. Other times, they may believe that they need to act immediately to protect themselves or others from an imminent threat of physical injury. Self-defense laws are different from one jurisdiction to the next, and people are often unsure about their legal rights in a Georgia self-defense scenario. Can those accused of a violent offense due to an argument that got out of hand claim that they acted in self-defense if they didn't try to leave?

There is no duty to retreat in Georgia

For those in their own homes or in any other location where they can lawfully be present, there is no statutory obligation to retreat before acting in self-defense. Georgia has a stand-your-ground statute that allows for the use of force without an attempt to leave an escalating fight. People can legally use physical force -- possibly including lethal force -- for their own protection. If other reasonable adults would agree that the other party represents an immediate threat of harm, then the use of physical force for self-defense is appropriate. In some cases, there may be a duty to retreat, such as when the party feeling threatened instigated the confrontation or made physical contact with the other person initially. Attempting to leave instead of escalating the situation could then allow for a claim of self-defense if the other party pursues the person attempting to leave. Assessing the exact circumstances that led to criminal charges can help defendants determine if they may be eligible for a claim of self-defense. The right defense strategy can help people avoid criminal charges that could carry significant penalties and a record that could affect the rest of their life.

4 factors that elevate assault to an aggravated charge in Georgia

2026-04-23T14:59:53Z

In Georgia, not all assault charges carry the same weight. Certain underlying factors can transform a simple assault into an aggravated assault, which is a far more serious offense. Hence, knowing what triggered the change can help you better understand the charge you now face. Here are four key factors that can elevate your assault charge in Georgia.

When you use a deadly weapon

Carrying or wielding a dangerous weapon is one of the most common reasons your charge rises. If you used a firearm, a blade or any item that can cause significant bodily harm, the law treats your case differently. Additionally, Georgia law classifies objects like vehicles and clubs as deadly weapons and their presence alone can elevate your charge. However, a weapon is not the only factor that can change the nature of your charge.

When your intent comes into question

In addition to the use of a weapon, your alleged intent plays a key role. If prosecutors believe you acted with the specific intent to murder, rape or rob the victim, your charge can rise significantly. In fact, the court takes intent seriously and it can shape the direction of your entire case. Beyond intent, the physical outcome of the incident can also factor into your charge.

When serious injuries are involved

The severity of the victim's injuries can also affect your charge. Causing significant harm, such as a broken bone, a deep laceration or disfigurement, can push your case into aggravated assault territory. The greater the harm, the more serious the charge you may face. Still, the nature of the injuries is not the only consideration the court examines.

When the victim's identity matters

Beyond the physical harm from the incident, the identity of the victim also matters. Assaulting a police officer or committing an act of family violence can elevate your charge as well. Together, these four factors carry serious legal consequences that can significantly affect your future.

Know your options before it's too late

With these serious stakes in mind, understanding your situation is critical. An aggravated assault charge comes with consequences that can affect your future in significant ways. The factors that elevated your charge matter and so does knowing exactly where you stand. Taking the time to fully understand your case and the options available to you can make a real difference in how you move forward.

Can you be charged with arson if no one was hurt?

2026-04-10T13:13:22Z

Yes. In Georgia, you can face arson charges even if no one suffered physical injuries. The state does not need to prove that someone got hurt. Instead, prosecutors focus on what burned, how the fire started and whether they believe someone knowingly caused it.

Georgia does not require an injury for an arson charge

Many people think arson only applies when a fire injures or kills someone. That is not true. In Georgia, prosecutors can bring arson charges based on property damage alone.

For example, a person can face a serious arson charge if prosecutors claim that person knowingly set fire to a home, building or other covered property. In some cases, the charge can also depend on whether the fire created a risk to human life, even if everyone escaped without injury.

The charge depends on the property and the facts

Georgia law divides arson into different degrees. The exact criminal charge often depends on the type of property involved and the facts of the case.

A person may still face arson charges even when:

The building was empty
Emergency personnel put out the fire quickly
No one needed medical treatment
The damage only affected property

That is why a fire can still lead to a felony charge even when no one was injured.

Prosecutors still have to prove the case

Even though the state does not need to prove an injury, it still has to prove the charge beyond a reasonable doubt. That burden is important.

In many arson cases, the real dispute is not whether a fire happened. The real dispute is why it happened and who caused it. Prosecutors may need to prove things such as:

Whether the fire was accidental or intentional
Whether the accused person actually started it
Whether investigators reached the right conclusion
Whether the facts fit the specific arson charge

A suspicious fire does not automatically prove arson. Investigators and prosecutors still need evidence that supports the charge.

These cases can carry serious consequences

People sometimes assume a case is less serious if no one sustained injuries. That assumption can be dangerous. Arson charges can still bring major consequences, including prison time, fines and a permanent felony record.

That is one reason people should take these cases seriously from the start. A fire investigation can move quickly, and law enforcement may begin gathering statements, witness accounts and forensic evidence early in the case.

Early legal help can make a difference

If police or fire investigators want to question you about a fire, you should treat the situation seriously and seek help from a criminal defense lawyer. What you say early on can affect the case later. An experienced criminal defense attorney can review the facts, explain the charge and look for weaknesses in the state’s case.

How Georgia classifies different types of arson crimes

2026-04-07T10:57:11Z

Facing arson charges in Georgia can be confusing and stressful. Not all fires are treated the same under the law, and knowing how your case may be classified helps you understand what you are facing. The type of property involved, whether anyone was present and the intent behind the fire all shape how prosecutors approach the case.

Arson by degree

The Federal Bureau of Investigation defines arson as any willful or malicious burning. This includes attempts to burn a home, public building, vehicle, aircraft or another person’s property. It can apply even if there is no intent to commit fraud. In Georgia, the law divides arson into three distinct degrees. Each degree reflects the severity of the fire and the potential risk to people or property.

First-degree arson involves knowingly damaging a dwelling, a building in use for business or worship or any structure where people are present. These cases are considered the most serious because they endanger lives.
Second-degree arson covers knowingly damaging non-dwelling buildings, vehicles, railroad cars, watercraft or aircraft without the owner’s consent. This includes fires set to someone else’s property that aren’t immediately life-threatening.
Third-degree arson applies when someone knowingly damages lesser property or sets a fire while committing another felony. These cases often involve property of lower value or secondary offenses.

Understanding these degrees shows why the law treats certain fires more severely than others. Working with a lawyer experienced in arson law can help you understand the charges and how they might affect your case.

What penalties may look like

Penalties for arson increase with the degree of the offense and reflect the risk involved.

First-degree arson can lead to up to 20 years in prison and a $50,000 fine.
Second-degree arson carries 1 to 10 years in prison and a $25,000 fine.
Third-degree arson may result in 1 to 5 years in prison and a $10,000 fine.

These figures show how even small differences in the fire’s location, value of property or potential danger can dramatically affect the consequences.

Seeing the bigger picture

Arson charges can touch more than your criminal record. They may affect your daily life, relationships and future plans. Understanding the differences between first, second and third-degree arson shows how small details in a case carry big consequences. Each case tells its own story and seeing the full picture can bring clarity during a stressful time.

Is it still considered theft if I thought the property was mine?

2026-04-07T09:35:11Z

Accidentally taking someone else's property can happen to anyone but in Georgia, a simple mix-up can carry serious legal consequences. The distinction between an honest error and a theft charge frequently hinges on one critical factor: intent. Thus, understanding precisely where that line falls could protect you from repercussions you never anticipated. So, what exactly does the law look for?

Understanding the concept of mens rea

Georgia theft law demands more than the mere act of taking property that isn't yours. It also requires criminal intent, known as mens rea, Latin for ‘guilty mind’. To be found guilty of theft, you must have intended to permanently deprive the rightful owner of their property. If you genuinely believed the item was yours, that belief can be central to your defense. But mens rea encompasses more than one form of intent, courts usually examine four distinct elements.

4 types of intent courts look for in theft

Understanding mens rea is just the first step. To build a more complete picture, courts scrutinize four specific types of intent. Generally, all four must be established for a charge to hold:

Intent to permanently deprive: This means you meant to keep, sell or destroy the property as your own.
Dishonest intent: This occurs if you took the property without a good-faith belief that it was yours.
Intent to act without consent: This happens when you take the property without the owner's permission.
Intent to gain: This is when you aimed to personally benefit from taking the property.

If even one element is absent, your case may appear significantly different in the eyes of the law. That said, courts do not simply rely on your word, they also assess whether your actions were objectively reasonable.

Would a reasonable person make the same mistake?

Additionally, courts also evaluate whether a reasonable person in your exact circumstances would have made the same mistake you did. Picking up a bag nearly identical to yours is understandable. However, taking something that bears little resemblance to your own property considerably undermines your ‘honest belief’ defense. Even so, reasonableness is only part of the equation, your conduct after discovering the mistake carries equal weight.

When your mistake could become a crime

Meanwhile, if you realize the item isn't yours but choose to keep it, that innocent mistake can become theft. Georgia law closely scrutinizes your actions following that discovery. Promptly returning the item or notifying the owner demonstrates good faith. On the other hand, remaining silent or retaining the property can transform your mistake into a criminal act. That shift is precisely what makes these situations so legally complex.

A fine line between a mistake and criminal intent

Not every mix-up constitutes a crime but the distinction is rarely straightforward. Intent, timing and your conduct after the fact all influence how the law characterizes your situation. Every case carries unique circumstances and the details can matter more than you might expect. If you're uncertain about where your situation stands, having someone well-versed in Georgia theft law in your corner can make all the difference.

What distinguishes involuntary and voluntary manslaughter in Georgia?

2026-04-06T11:50:35Z

Murder is the most serious homicide charge. However, not every situation where a person faces charges for causing the death of another involves intentionally killing another person. There are scenarios in which the state might pursue manslaughter charges instead of murder charges. There are two distinct categories of manslaughter charges that carry specific penalties. Georgia state prosecutors can potentially accuse an individual of either involuntary manslaughter or voluntary manslaughter. Understanding the distinction can help defendants effectively respond to charges.

Involuntary manslaughter is accidental

Individuals accused of involuntary manslaughter caused the death of another person through inappropriate behavior. However, their intent was not to cause death. Involuntary manslaughter may involve allegations of committing a misdemeanor unlawful act that results in a tragedy or claims that a person engaged in a lawful act in an inappropriate or unlawful manner that other people recognize as likely to cause harm to others.

Voluntary manslaughter involves overwhelming emotions

Some people refer to voluntary manslaughter as “heat of passion” crimes. Individuals may lose their capacity to rationally consider the consequences of their actions in certain circumstances. If a sudden and overwhelming emotional response led to a homicide, prosecutors may pursue voluntary manslaughter charges instead of murder charges against that person. Involuntary manslaughter can lead to between one and 10 years in prison and could constitute a misdemeanor or felony offense. Voluntary manslaughter is typically a felony offense that can carry between one and 20 years in prison. Anyone facing charges related to crimes against a person may need assistance understanding the law and their potential defense options. The right strategy can help defendants avoid a conviction or minimize the penalties imposed. Reviewing the state's allegations with an attorney can be a smart first move after an arrest for manslaughter accordingly.