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Parties in a criminal case

Pparties in a criminal case are ones that involve the intent to commit a criminal offense. The intended crime does not have to be committed. They are also referred to as inchoate crimes. Courts added inchoate crimes in hopes of deterring serious crimes.

There are some general rules about parties in a criminal case. First, is that you can’t be charged with the inchoate offense and the actual crime at the same time. The defendant can only be accused of one or the other. The only exception to this is a conspiracy. Second, the defendant must have the specific intent to commit or contribute to the actual crime. Third, there must be an outward action or a substantial step in the completion of the crime. What constitutes an overt act has been left to the Court to decide and varies from case to case.

Al Forgone and their team of Georgia Criminal Defense Attorneys have over 20 years’ experience and are familiar with the subtle differences that distinguish each of the crimes and can help you build a strong defense. Don’t wait because you and your loved one’s future depends on it. Call us today and schedule a free consultation.

Parties in a Criminal Case in Georgia Include

AttemptCriminal attempt occurs when a person performs any act that constitutes a substantial step towards the commission of a crime. A necessary element is that the person has the intent to commit a crime. 

Conspiracy: Conspiracy requires that two or more people agree to commit a crime. In addition, it requires that one of the people does any overt act to effect the object of the conspiracy. 

Gang: There are numerous offenses that relate to criminal gang activity. No matter what type of activity a person is charged with, if convicted, it will be a felony conviction. 

Party to a Crime: A person can be convicted of being a party to a crime when they are involved in the commission of a crime and therefore may be convicted of the crime committed. They are deemed to be a party to a crime when they directly commit the crime, indirectly cause another to commit the crime, aid someone in the commission of the crime or encourage another to commit the crime. 

Racketeer Influenced and Corrupt Organizations (RICO): RICO is a crime that is set out in both federal law and Georgia law. Georgia’s law expands federal law. There are numerous ways a person can be guilty of RICO but any of the ways will result in a felony conviction. 

Solicitation: A person commits criminal solicitation when they solicit, request, command, or attempt to get another person to engage in conduct that constitutes a felony.

Penalty for Being Convicted of a Crime Involving Other Parties in Georgia 


Parties in a criminal case are generally punished by time in prison. They are normally charged as a felony, which carries its own consequences such as making it difficult to obtain employment, credit, or housing. In addition, felony convictions carry a negative stigma.

Parties in a criminal case

Georgia Defenses 

No proof of Criminal Intent: Some parties in a criminal case require that there is intent to commit the inchoate crime.

Revocation: If the defendant exhibited a voluntary and complete abandonment of his criminal intent, then that could be a sufficient defense. However, this can be difficult to prove because the defendant must show that they notified the person they originally solicited to do the crime and also gave a timely and adequate warning to the police or made a substantial effort to stop the crime from occurring.

This is not an exhaustive list of the defenses that could be used in your case. These are just some defenses your Attorney will evaluate to see if they apply. Every case is different and our Lawyers will work with you to provide the best defense.



Call The Law Office of Al Forgone today at 706 546 0999 OR Contact Us Online to schedule a free consultation with one of our attorneys. In Parties in a criminal case, We can help Washington residents who need a drug crime attorney or representation in fighting charges of theft, violent crimes, sex offenses, white-collar crimes, and other offenses.

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