Have You Been Charged with Removal of Body Parts from Scene or Dismemberment in Georgia?
Crimes characterized under public health and morals are wide ranging and the penalties vary. From simple misdemeanors to felony charges, it is critical to hire an experienced lawyer. Do not trust your case to a general practitioner who sometimes handles criminal law. You need someone who has an in depth knowledge of criminal law and can thoroughly explain your options. Our attorneys at Lawson and Berry have over 50 combined years of experience and are ready to speak with you. Call now for a free case evaluation and find out why we are Georgia's top rated criminal defense firm.
O.C.G.A. § 16-21-161
It shall be unlawful for any person to remove from the scene of the death or dismemberment of any person any human body part; provided, however, that this Code section shall not apply to a law enforcement officer acting in the lawful discharge of his or her official duties, or to any person acting under the direction of a law enforcement officer, a physician or an emergency medical technician in the course of their professions, or in the absence of any such person to any person who transports such body part directly to a medical facility, law enforcement agency, or licensed funeral home, although all such persons remain obligated to comply with the provisions of Article 2 of Chapter 16 of Title 45 concerning death investigations.
Penalty for Removal of Body Parts from Scene of Death or Dismemberment in Georgia
A person convicted of removing body parts from a scene or dismemberment of any person in Georgia will be charged with a misdemeanor of a high and aggravated nature. The punishment is a maximum of 12 months in jail, a fine up to $5,000, or both.
Georgia Defenses to a Charge of Removing Body Parts from Scene of Death or Dismemberment
I was a party authorized to do so: Under the statute, law enforcement officers or those acting under the direction of a law enforcement officer are allowed to remove a body from a scene of dismember a body. However, this action must be done by an officer acting in the lawful discharge of his or her official duties. If this action was done outside of the scope of your profession, then you could still be charged with this offense.
The body part was not removed from the scene: For a person to be convicted under O.C.G.A. § 16-21-161, a human body part must have been removed from the death scene. A lack of evidence proving that the part was removed from the scene would negate an essential element of the crime and likely result in the dismissal of the case.
Innocence: An alibi or other proof demonstrating that you could not have committed the crime as charged would be greatly beneficial in your case. If this defense applies to you, contact one of our removal of body parts from scene attorneys in Georgia today.
Mistaken Identity: Many people are wrongfully charged of a crime due to mistaken identity. In the heat of the moment, witnesses may incorrectly identity someone as the culprit. We know how to counteract this accusation and help prove your innocence.
If you or a loved one has been charged with removing a body part from the scene, contact us now. We will immediately start preparing your defense. We promise to walk you through every step of the criminal process and update you of your options as we go. We care about your future and ensure your rights will be protected. Remember, a charge is not the same as a conviction. Call now for a free case evaluation.