Commercial Gambling 16-12-22
Fight Your Commercial Gambling Charge in Atlanta Georgia with an Experienced Attorney from Yeargan & Kert, LLC
You love being the manager of your fantasy football team. You love betting at a casino or on major sporting events. You never thought you would be accused of a gambling-related crime.
Gambling is defined as betting upon the final results of a contest, game or anything involving dice or cards to win money. This includes betting on your favorite sports team like the Georgia Falcons. Commercial gambling, as defined in O.C.G.A. 16-12-22, outlines the crime you are accused of committing.
Commercial Gambling is an Intentional Act
You may be accused of commercial gambling for one or more elements. The elements are outlined in the criminal statute. You cannot intentionally:
- Receive, forward or record a bet or offer to bet
- Operate or participate in earning of a gambling place
- Act as a custodian of value bet or offered value bet. This means you cannot hold the best for other people.
- Act as a custodian for pay for financial gain or any other type of gain
- Contract to give yourself to sell, buy now or at a future time for stock or security of a company
- Sell chances where there is a margin of victim or a final result in a game or contest
- Promote or create any type of lottery
- Advertise, conduct or promote a bingo without a valid license
Types of Prohibited Commercial Gambling in Atlanta Georgia
Certain gambling activities are not permitted in the state. These activities can get you charged with commercial gambling are:
- Horse racing
- Dog racing
- Election wagering
- Chain letters
- Pyramid clubs
- Secret gambling halls
- Dog fighting
You Face a Felony Charge for Commercial Gambling in Atlanta Georgia
Commercial gambling is a felony. As a result, you will face prison time if convicted. In fact, you may be sentenced to one to five years in prison. You may or may not have to pay a $20,000 fine.
You can Successfully Defend Your Against You Commercial Gambling Charge in Atlanta Georgia with Yeargan & Kert, LLC
You are accused of gambling that was not sanctioned by the state. You want to choose a defense that will help you out the most. These defenses are supposed to negate an element, show your innocence or attack the state’s case.
Some common defenses include, but are not limited to:
Lack of evidence in your gambling case. When the prosecutors decided to take a case to trial, they have to have enough evidence. This fact is separate than having the evidence to prove your guilt beyond a reasonable doubt. Lack of evidence refers to you being arrested for a crime and the state still trying to find the evidence to convict you.
Insufficient evidence in your case is the opposite of lack of evidence. The defense involves the state having evidence, but it not enough to take the case to trial. The state would not get a conviction. Now it may seem like the best thing to do is let the case proceed to court and let prosecutors look stupid.
Unfortunately, as fun as that may be, it is not in your best interests. You need to get the case dropped to avoid criminal liability and going to trial. So the goal of insufficient evidence is to get your case dismissed.
No actual betting. You did not bet. Betting is the foundation of the charge. If there was no betting, you cannot be charged with commercial gambling.
You did not exchange any money. None of the bets made were for money or anything of value. You were just having fun pretending to gamble.
No intent to illegally gamble. You are accused of illegal gambling, but if you did not it on purpose, you can avoid criminal liability. You do admit that gambling did occur. You just are telling the jury that you did not knowingly or intentionally bet for money or anything of value.
Your exact defense is waiting for you at your defense attorney’s office. It is going to be based on what you tell your lawyer regarding what happened at your prior to and after the arrest. So you should not get upset if you did not read a defense you think you can use. Your attorney will discuss more defenses and how that can be proven to resolve the case in your favor.
It is important to tell your attorney everything that happened. Your attorney does not want to surprised that the defense does not match the true facts of the case.
Yeargan & Kert, LLC is Your Atlanta Georgia Commercial Gambling
You were accused of committing a crime of illegal gambling. You face a felony. That does not mean you are automatically guilty. The prosecutor must prove that you actually committed the crime. A lot of time, they may have circumstantial evidence that can easily be challenged by a good defense.
If you want to know more about the defenses available to you, contact us. We are experienced lawyers who understand the gambling laws and how to negotiate a reduced charge or get the charges dropped. A reduced charge is a negotiated plea to in exchange for a lesser penalty.
You do not deserve to fear tomorrow because of a commercial gambling charge. You can fight the charge and we can help. We offer a free case evaluation. During the evaluation, we need to know what really happened. Do not leave any information out because it may hurt your defense strategy. After the evaluation, our work begins. We will fight for you from the start of your case to the end. Contact Yeargan & Kert, LLC immediately.