Have You Been Charged with Advocating the Overthrow of the Government in Georgia?
Advocating the overthrow of the government is a crime on both the state and federal level. If you have been charged with this offense, you need experienced representation immediately. Even though the law states that a person is innocent until proven guilty, people often assume the worst when charged with government opposition. However, at Lawson and Berry, we never assume guilt! We understand that you may have been in the wrong place at the wrong time or that it was a mistake. Our team of Georgia Advocating the Overthrow of the Government Lawyers have decades of experience and know how to defend your case successfully. Contact our offices today for a free case evaluation.
Georgia Law O.C.G.A. § 16-11-4(b) reads as follows:
A person commits the offense of advocating the overthrow of the government if he knowingly and willfully commits any of the following acts:
(1) Advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the state or any political subdivision thereof by force or violence;
(2) Prints, publishes, edits, issues, circulates, sells, distributes, exhibits, or displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the state or of any political subdivision thereof by force or violence;
(3) Assists in the formation, participates in the management, or contributes to the support of any subversive organization, knowing the purpose thereof;
(4) Becomes a member or continues to be a member of a subversive organization, knowing the purpose thereof;
(5) Destroys any books, records, or files or secretes any funds in this state of a subversive organization, knowing the organization to be such; or
(6) Conspires with one or more persons to commit any of the acts prohibited by this Code section.
Under Georgia law, advocating the overthrow of the government must be done knowingly and willingly. In addition, advocating can be done in a number of ways. Many people are mistaken and think it only applies when advising others to overthrow or destroy the government by force or violence. However, it also includes printing, editing, and issuing written material that advises the overthrow using force or violence. Becoming a member of a subversive organization will also be enough to violate the statute. Because of the broadness of the law, it is critical to hire an experienced advocating the overthrow of the government lawyer today.
The Penalty for Advocating Overthrow of Government in Georgia
A person convicted of advocating the overthrow of government will be guilty of a felony punished by a maximum fine of $20,000, a prison term between one and twenty years, or both. However, felony convictions extend beyond prison and fines. In addition, felony convictions can make it difficult to obtain housing, employment, or credit.
Even though it may seem like you have no options, our experienced Advocating the Overthrow of Government Lawyers can help you. We can help get you a reduced sentence and keep a conviction from going on your criminal history. Having a felony on your record can make day-to-day life difficult and we want to help protect your future and your freedom.
Georgia Defenses to Advocating Overthrow of Government
There are always Georgia Criminal Defenses we can use to defend your case. Some defense include but are not limited to:
Lack of Knowledge: If you were unaware of the purpose of the organization or were unaware that you were participating in an attempt to overthrow the government, then that could be a defense.
Coercion: If you were forced against your will to participate in advocating the overthrow of the government, then this would negate the knowingly and willingly participating element. If this applies to your case, we will work to uncover evidence supporting this claim to get the charges dropped or reduced.
There are a plethora of other defenses that can be used so call one of our Advocating the Overthrow of the Government Attorneys in Georgia if you have been charged under O.C.G.A. § 16-11-4. Your Lawyer will tailor a solid defense based on the specifics in your case.
To schedule a free consultation with one of our advocating the overthrow of the government lawyers in Georgia, contact our offices today. Formulating a defense on your own can be overwhelming and seemingly impossible. Our Attorneys are highly knowledgeable and will assist you in formulating the best possible defense for your case. We will walk you through every step of the process, and we are dedicated to being accessible to you- days, nights, weekends, and holidays while working hard on your behalf. Your Attorney will make sure you understand all of your options and advise you on the best approach to take for your case based on their many years of experience. Your future is at stake so don't sit around waiting for your case to resolve itself. Call now for a free case evaluation.