Have you Been Charged with Embracery in Georgia?
The Sixth Amendment to the United States Constitution guarantees the rights of criminal defendants. One such guarantee is the right to an impartial jury. Embracery violates a defendant's right to an impartial jury because it seeks to influence jurors. If you have been charged with embracery, you need a Georgia Embracery Attorney. We have unparalleled defense experience and are prepared to help with your case today.
What is Embracery in Georgia?
A person can be guilty of embracery in two different ways:
- When they communicate with a person summoned or serving as a juror in an attempt to influence their action as a juror, or
- When a juror accepts anything of value offered to them with the understanding that it was given with the intent of influencing their action as a juror. O.C.G.A. §16-10-91
This statute applies to traverse jurors as well as grand jurors. Traverse jurors are those that listen to evidence and determine the facts in a particular case. They generally serve for a week or less.
Some examples of how embracery can occur in Georgia:
- Attempting to influence the jury in any way beforehand
- Using money, promises, threats, or other means to convince a jury to be more favorable to one side
- Attempting to corrupt the jury beforehand
Penalty for Embracery in Georgia
A person convicted of embracery will be guilty of a felony. The coinciding penalty will be a fine of no more than $1,000 and between one and five years in prison, or both.
However, a person convicted of embracery may also be subject to civil damages by the person injured.
Georgia Defenses to Embracery
Lack of intent: The statute requires that the accused intentionally interfere with the juror to influence their action. If there is no evidence of intent to influence their action, that would be an acceptable argument.
No matter the crime, our Georgia Attorneys can help. If you have been charged with embracery in Georgia, we are here to assist with your case. Contact us today to start building your defense.