As a Georgia Criminal Defense Attorney, I do my best to outline certain defenses on a regular basis so that more individuals are aware of their rights in Georgia. However, the purpose is purely educational. I, by no means, am condoning anyone attempting to represent themselves in a crime.
In today's post, I will outline the defense of abandonment of effort to commit a crime in Georgia.
Abandonment of Effort to Commit a Crime in Georgia
Georgia Law defines the defense of abandonment of effort to commit a crime in O.C.G.A. §16-4-5 as:
When a person abandons his effort to commit the crime or in any other manner prevents the commission of the crime under the circumstances manifesting a voluntary and complete renunciation of his criminal purpose, it is considered an abandonment of effort.
However, it is important to note that a renunciation of criminal purpose is not considered voluntary and complete if it results from two different circumstances. First, from a belief that there is an increased probability of detection or apprehension or that would render the criminal purpose more difficult. Or second, from a decision to postpone the criminal conduct until another time.
It is not considered abandonment if the individual deserted the crime because they thought they were probably going to get caught or something happened that made committing the crime more difficult. Furthermore, even if they decided not to commit the crime then but still planned to do it in the future, that does not constitute abandonment.
Abandonment of effort to commit a crime is classified as an affirmative defense. An affirmative defense is a legal excuse for having committed a crime. When an affirmative defense is used, the defendant is basically admitting that they committed the crime they are accused of, but there is an explanation or justification for the incident.
There are many different types of Affirmative Defenses in Georgia. One or many defenses may apply to your case - however, your case stands the best chance in the hands of an attorney.
For a free case evaluation, call our offices now.