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Jack R.
Jack R., Lawyer
Category: Criminal Law
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Experience:  OHIO//Texas Attorney Civil/Crimnal Practice
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my nephew was arrested in Georgia for unlawfully discharging

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my nephew was arrested in Georgia for unlawfully discharging a firearm into some ones house what will he be charged with

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Your nephew was probably charged with the following:


O.C.G.A.§ 16-11-104
Discharge of firearms on property of another


(a) It shall be unlawful for any person to fire or discharge a firearm on the property of another person, firm, or corporation without having first obtained permission from the owner or lessee of the property. This Code section shall not apply to:

(1) Persons who fire or discharge a firearm in defense of person or property; and

(2) Law enforcement officers.

(b) Any person who violates subsection (a) of this Code section is guilty of a misdemeanor.


The potential penalty for a misdemeanor in Georgia is a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both:


The above represents maximum penalties. depending on the circumstance a court could reduce the fine and order probation in lieu of jail time. You should also check with the prosecutor to see if a diversion or deferred adjudication is available. This may be possible if your nephew is a first time offender.


Under a deferred adjudication the court will institute community service or other punishment and at the end of the deferred period provided your nephew has not committed any additional offense the charge is dropped.


You should obtain local counsel to help work out a plea deal with the prosecutor.


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