Have You Been Charged with Using Laser Devices Against a Law Enforcement Officer in Georgia?
While using laser devices may seem like a trivial thing, it can be a crime when used against a law enforcement officer in Georgia. Laser devices can be distracting and make it difficult for officers to see when they are carrying out their official duties. If you have been charged with using laser devices against a law enforcement officer, contact The Law Offices of Lawson and Berry today. A charge is not the same as a conviction so do assume you have no defenses and plead guilty. Contact us today for a free case evaluation.
What Constitutes a Laser Device?
O.C.G.A. §16-10-34 defines “laser device” as a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or other means or that emits light which simulates the appearance of a beam of light.
O.C.G.A. §16-10-34(b) outlines the crime of using a laser device against a law enforcement officer:
It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if:
- The law enforcement officer is lawfully acting within the course and scope of employment; and
- The person has knowledge or reason to know that the law enforcement officer is employed as:
- A peace officer as defined in paragraph (8) of Code Section 35-8-2;
- An employee with the power of arrest by the Department of Corrections;
- An employee with the power of arrest by the State Board of Pardons and Paroles;
- A community supervision officer or other employee with the power of arrest by the Department of Community Supervision;
- A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or
- A juvenile correctional officer or juvenile probation officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities.
Penalty for Using a Laser Device Against a Law Enforcement Officer in Georgia
If convicted under O.C.G.A. §16-10-34, the crime will be charged as a misdemeanor. In Georgia, misdemeanor offenses come with the consequences of up to a $1,000 fine, up to one year in jail, or both.
The Law Offices of Lawson and Berry have over 50 combined years of criminal defense experience. Our expertise is unparalleled, and we keep you informed every step of the way. Contact us today for a free case evaluation.