Have You Been Charged with Use of Communication Facility in Committing or Facilitating Commission of Act Which Constitutes a Felony in Georgia?
Georgia devotes an enormous amount of resources to arresting and convicting people of drug crimes. There are many laws concerning drug crimes, and Georgia imposes some of the harshest sentences in the nation. If you have been charged with use of communication facility in committing or facilitating commission of an act which constitutes a felony in Georgia or another drug crime, you need to call one of our Georgia Drug Crime Attorneys immediately. A charge is not the same as a conviction so do not make the mistake of thinking there are no options for your case. Call now for a free case evaluation.
What is a Communication Facility?
To understand precisely what is prohibited under Georgia case, it is critical to understand what a “communications facility” is. Under O.C.G.A. § 16-13-32.3, communications facility is defined as any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer network, and all other means of communication.
In sum, it includes talking on the telephone, texting, emailing, communicating using a social media app, or another form of texting such as WhatsApp. Talking on the computer counts as well. Lastly, the statute states that it includes “all other means of communication.” This statute is comprehensive and hat is why it is important to contact a Georgia Drug Crime Attorney if charged with this crime.
O.C.G.A. § 16-13-32.3
It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section.
To be convicted, the State must show that the accused's use of a communication device comes within the common meaning of facilitate or to make easier or less difficult, or to assist or aid. Russell v. State, 243 Ga. App. 378, (2000).
Georgia Case Law
There are multiple ways a person can be convicted of using a communication facility to commit a felony. Some situations where the Court ruled there was sufficient evidence to convict the defendant included:
- Where the police monitored a telephone conversation setting up a controlled buy of marijuana and defendant was in possession of marijuana and cocaine at the time of arrest. Habersham v. State, 289 Ga. App. 718, (2008).
- A man was convicted for using a communication device to obtain possession of greater than one ounce of marijuana when the evidence showed that a woman received telephone calls form the accused arranging for her to pick up packages for him and deliver them to his apartment. The packages contained more than one ounce of marijuana. Russell v. State, 243 Ga. App. 378, (2000).
- When a confidential informant made arrangements via telephone to purchase cocaine. Haynes v. State, 203 Ga. App. 143, (1992).
The Penalty for Using a Communications Facility to Commit a Felony?
A person convicted of using a communications facility in Georgia U will be guilty of a felony. The penalty will consist of a fine of no more than $30,000.00 or a prison term between one or four years, or both.
However, the consequences of a felony conviction extend beyond fines and jail time. Having a felony on your permanent criminal record can make it difficult to obtain housing, employment, or credit. Do not let one discretion impact the rest of your life! Our Georgia Drug Crime Attorneys can help reduce the impact a charge will have on your future.
Georgia Defenses to Using a Communication Facility to Commit a Felony
There are numerous Georgia Criminal Defenses that can be used to support your case. Georgia case law supports this as there are multiple situations where the accused was acquitted of the charge. One example can be found in Rogers v. State. The accused sold methamphetamine to a buyer but the State failed to produce evidence as to where the place of committing the crime occurred. Therefore, he was acquitted of that one charge. 298 Ga. App. 895, (2009).
Our Drug Crime Lawyers in Georgia understand that mistakes happen and you may have been in the wrong place at the wrong time. Drug crimes are punished harshly in Georgia and do not want you to have to live with the consequences forever. We have over 50 combined years of experience and are prepared to defend your case now. Call for a free case evaluation and find out how we can help achieve a favorable result in your case.