Have you Been Charged with Terroristic Acts in Georgia?
If you or a loved one has been charged with terroristic acts in Georgia, you need legal representation immediately. This is a serious charge that will affect your future, so there is no time to waste. Lawson and Berry are Georgia's premier criminal defense firm and are ready to assist with your case. Our attorneys have decades of experience and will ensure you receive the best defense possible.
Georgia Law on Terroristic Acts
O.C.G.A. §16-11-37(c) states a person commits the offense of a terrorist act when:
- He or she uses a burning or flaming cross or other burning or flaming symbol or flambeau with the intent to terrorize another or another's household;
- While not in the commission of a lawful act, he or she shoots at or throws an object at a conveyance which is being operated or which is occupied by passengers; or
- He or she releases any hazardous substance or any simulated hazardous substance under the guise of a hazardous substance
- For the purpose of terrorizing another;
- For the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation;
- For the purpose of otherwise causing serious public inconvenience; or
- In reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
What Has to be Proven to be Convicted
To be convicted of terroristic acts in Georgia, the State must demonstrate that the accused is guilty beyond a reasonable doubt. This involves showing that an act was committed with the intent to terrorize.
Penalty for Terroristic Acts in Georgia
A person convicted of terroristic acts will be punished by a fine no more than $5,000, a prison term between one and ten years, or both. However, if any person suffers a severe physical injury as a direct result of the act, the defendant will be punished by a fine not to exceed $250,000, a prison term between five and forty years, or both.
The penalty will be heightened to a fine not to exceed $50,000, prison term between five and twenty years, or both if the threat is done with the intent to retaliate against any person or threaten any person from:
- Attending a judicial or administrative proceeding as a witness, attorney, judge, clerk of court, deputy clerk of court, court reporter, community supervision officer, probation officer, or other party or producing any record, document, or another object in a judicial or official proceeding; or
- Providing to a law enforcement officer, community supervision officer, probation officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense.
It was during the commission of a lawful act: If the original act was lawful, then that could be a defense to terroristic acts.
It was not intended to terrorize: Evidence that the act committed was not done to terrorize and that a reasonable person would not have been terrorized would be greatly beneficial. This defense requires extensive legal knowledge so it would be best to consult an attorney if this applies to your case.
What are Not Defenses
I didn't realize the act would cause terror or an evacuation: Even if the act was not done intentionally, you could still be convicted if it was done recklessly.
Choosing a knowledgeable Georgia Criminal Defense Attorney is of the utmost importance. It could determine whether you win or lose your case. Our attorneys have decades of criminal experience that is crucial to obtaining a favorable outcome. They can answer all of your questions and give you sound advice concerning your case. Call us today to schedule a free evaluation. A charge is not the same as a conviction so call us now!