2010 Georgia Code 16-4-5 Case Law
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Graham W. Syfert, Esq.

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Phone: 904-383-7448
E-mail: graham@syfert.com
Fax: 904-638-4726

Enter Code Number:
16-14-4 or 16-13-32

One Click Case Law for § 16-4-5
O.C.G.A. § 16-4-4 <-- --> O.C.G.A. §16-4-6



2010 Georgia Code

TITLE 16 - CRIMES AND OFFENSES

CHAPTER 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION
§ 16-4-5 - Abandonment of effort to commit a crime as an affirmative defense

O.C.G.A. 16-4-5 (2010)
16-4-5. Abandonment of effort to commit a crime as an affirmative defense


(a) When a person's conduct would otherwise constitute an attempt to commit a crime under Code Section 16-4-1, it is an affirmative defense that he abandoned his effort to commit the crime or in any other manner prevented its commission under circumstances manifesting a voluntary and complete renunciation of his criminal purpose.

(b) A renunciation of criminal purpose is not voluntary and complete if it results from:

(1) A belief that circumstances exist which increase the probability of detection or apprehension of the person or which render more difficult the accomplishment of the criminal purpose; or

(2) A decision to postpone the criminal conduct until another time.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com