Legal Question in Criminal Law in Georgia

Re: Prosecute or Not for the death of someone?

In law school the first thing one learns in criminal law is that a crime consists of the joint operation of intent and an act which violates the criminal laws of the State of Georgia. Your question would turn on the answer to the question of intent.

More important to the question you have asked, I think, is the issue of whether there would be civil liability. In a factual situation which included, as you have, the unintentional (that is negligent) act which results in the death of another, there will usually be a resulting wrongful death claim which vests in the children and the spouse of the decedent.

Because your question was a little vague, I would encourage you to speak with an attorney to clarify precisely the facts you are looking at and then get advice as to the proper course of action.

I would be pleased to discuss this matter with you further on a no consultation fee basis if you would like to call.

Jim Hough

770-607-5300

Re: Prosecute or Not for the death of someone?

A business entity itself can not be charged with a crime. However, in certain circumstances, the employees/owners of a company can be charged with a crime. Additionally, both an individual and a business entity can be sued for civil damages.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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