Have You Been Charged with Riot in a Penal Institution in Georgia?
To keep penal institutions running smoothly, there are laws dictating what inmates can and can't do. When inmates engage in conduct that is likely to cause a disturbance or act in a violent manner, this behavior is prosecuted in different ways. One way is known as riots in a penal institution. A range of behaviors can qualify as violent conduct under this statute, so it is important to hire a knowledgeable criminal defense attorney to help sort out the specifics of your case. Lawson and Berry and their team of Georgia Riot in a Penal Institution 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. § 16-10-56 reads as follows:
No person legally confined to a penal institution shall commit an unlawful act of violence or any other act in a violent or tumultuous manner in a penal institution.
Georgia Case Law
There is no set definition of what constitutes a violent or tumultuous manner but is instead considered on a case by case basis. However, we can look at what the Court has done in the past to get an idea of what they consider to be violent or tumultuous behavior.
- In the case of Chynoweth v. State, the Court found the accused guilty of acting in a violent manner after he attacked a corrections officer by swinging his fists at the officer. 331 Ga. App. 123, (2015).
- An inmate was charged with riot in a penal institution after he attacked an office that was trying to close his cell door. The evidence showed that the inmate grabbed the officer's arm, and put the officer in a chokehold. The court found that his actions were committed in a violent or tumultuous manner and the evidence was appropriate to convict him of riot in a penal institution. Strapp v. State, 326 Ga. App. 264, (2014).
- Proof that the suspect threw a cup of bleach salutation on a deputy and threatened to hit him with a mop sufficed to sustain a conviction for riot in a penal institution. Brown v. State, 228 Ga. App. 812, (2007).
- In the case of Drew v. State, an inmate crossed into a restricted area and shouted profanities at a deputy. The inmate then disregarded orders to move back and attempted to use the deputy's pepper spray. The court found the acts constituted violent and tumultuous manner and he was convicted of riot in a penal institution. 285 Ga. 848, (2009).
- Sufficient evidence was found to convict an inmate of riot in a penal institution when the inmate refused deputy's order to return to his room and began to struggle with the deputy when he tried to force the defendant back to his room. The inmate forcefully shoved the deputy backward. The court that this sufficed as evidence to convict the inmate of riot in a penalty institution. Glanton v. State, 283 Ga. App. 232, (2007).
The Penalty for Riot in a Penal Institution in Georgia
A person convicted of riot in a penal institution will be guilty of a felony punished by a maximum of 20 years in prison and a minimum of one year.
Georgia Defenses to Riot in a Penal Institution
Even though “violent and tumultuous” manner does not have a set definition, we can use that in our favor. Our attorneys will argue that your behavior did not reach that standard.
In addition, our lawyers are skilled in negotiating a reduced sentence. The maximum prison time is 20 years for riots in a penal institution. We know how to build your case to not have this one action influence the rest of your life.
There are always Georgia Criminal Defenses we can use to defend your case. Evidence that you were coerced in acting such a way would be helpful to your case. Any proof that it was a misunderstanding and no unlawful act occurred would also be advantageous to your case. No matter your situation, our Georgia Riot in a Penal Institution Lawyers can help.
To schedule a free consultation with one of our riot in a penal institution 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..