Georgia Criminal Law - Marietta Attorneys Dean Phillips Law Office

The Importance of Reasonable Doubt

March 19, 2019 No Comments

Reasonable doubt is the cornerstone of the American justice system — and a key protection for anyone facing criminal charges. It ensures that no one is convicted unless guilt is proven beyond uncertainty. This post explains how Georgia courts apply reasonable doubt, how it impacts jury decisions, and why a Marietta criminal defense attorney can use it to fight for your rights in Cobb, Bartow, and Paulding County.

How a Toddler’s Favorite Word Helped in an Appeals Case

March 12, 2019 No Comments

Sometimes, one simple word can make all the difference in court — “why.” In a recent Georgia appeals case, a driver’s conviction was overturned because the officer’s citation lacked key details explaining why the driver was at fault. This story highlights why every element of an offense matters and how a Marietta criminal defense attorney ensures those details are never overlooked in Cobb, Bartow, and Paulding County cases.

When Is a Robbery Attempt Not a Robbery Attempt?

September 27, 2016 No Comments

The Georgia Court of Appeals reversed an armed robbery conviction from Cherokee County Superior Court, finding that the defendant’s actions did not meet the legal threshold for an attempted robbery under O.C.G.A. § 16-4-1.

The case involved a man who entered a pharmacy wearing a mask and carried suspicious notes suggesting intent, but no weapon was found and no robbery occurred. The Court ruled that these actions represented preparation rather than an actual attempt, a key distinction in Georgia criminal law.

This decision underscores the importance of understanding “substantial steps” vs. “mere preparation” in criminal attempt cases — and how a skilled Georgia criminal defense attorney can challenge evidence that doesn’t meet the burden of proof.

Georgia Appeals Court Defines Defacement of Government Property

July 18, 2016 No Comments

The Georgia Court of Appeals provided new insight into what qualifies as defacement of government property, affirming a conviction from Coweta County.

The defendant, convicted of making terroristic threats and interfering with government property, argued that the evidence did not support his convictions. He claimed that detention officers provoked the incidents and that his threats were conditional and made while restrained. He also argued that because he cleaned his fecal material from his cell and a security camera, the property wasn’t permanently damaged.

Trial Court Errors but Defendant Still Convicted

July 18, 2016 No Comments

The Georgia Supreme Court upheld a felony murder conviction despite the defendant’s claims of trial error and insufficient evidence.

The defendant, convicted in Dougherty County, argued that the jury charge was flawed and that the testimony against him—provided by an alleged accomplice—was unreliable. While the Court acknowledged a minor error in the jury instructions, it found enough independent evidence to support the verdict.

Georgia Court of Appeals That Conditional Statements Don’t Impact the Determination of Terroristic Threats

June 28, 2016 No Comments

The Georgia Court of Appeals recently affirmed a Cobb County conviction for terroristic threats, clarifying how conditional language affects the legal definition of a threat.

After being evicted from his apartment, Kahlem Looney threatened to kill the leasing staff if he didn’t receive his belongings within 24 hours. He argued that his statement was conditional and therefore not a true threat under Georgia law.

Georgia Appeals Court Provides Instruction on Sentencing a Repeat Offender

June 27, 2016 No Comments

The Georgia Court of Appeals recently clarified how trial courts should apply sentencing guidelines for repeat offenders under O.C.G.A. § 17-10-7.

In Chattooga County, Richard Becker was convicted of possession of methamphetamine and obstruction of an officer. The trial court sentenced him to the maximum penalty, citing Georgia’s repeat offender statute.