GA Code § 16-1-7 (2021)
2021 Georgia Code|Title 16 - Crimes and Offenses|Chapter 1 - General Provisions|§ 16-1-7. Multiple Prosecutions for Same Conduct

  When the same conduct of an accused may establish the commission of more than one crime, the accused may be prosecuted for each crime. He may not, however, be convicted of more than one crime if:   One crime is included in the other; or   The crimes differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct.     If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single prosecution except as provided in subsection (c) of this Code section.   When two or more crimes are charged as required by subsection (b) of this Code section, the court in the interest of justice may order that one or more of such charges be tried separately.    (Code 1933, § 26-506, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1982, p. 3, § 16.)   Cross references.   - Multiple jeopardy, U.S. Const., amend. 5 and Ga. Const. 1983, Art. I, Sec. I, Para. XVIII.    Fraud generally, § 16-9-50 et seq.   Law reviews.   - For survey article citing developments in Georgia criminal law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 95 (1981). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For annual survey on criminal law and procedure, see 42 Mercer L. Rev. 141 (1990). For note discussing organized crime in Georgia with respect to the application of state gambling laws, and suggesting proposals for combatting organized crime, see 7 Ga. St. B. J. 124 (1970). For comment, "Grady v. Corbin: An Unsuccessful Effort to Define Same Offense," see 25 Ga. L. Rev. 143 (1990).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Included Crimes   Joint Prosecution of Offenses   Severance    OPINIONS OF THE ATTORNEY GENERAL   Separate prosecutions for municipal and state law prosecutions.   - An accused arrested for separate non-included offenses arising out of a single transaction, which violate municipal ordinances and state law respectively, may be prosecuted first in the recorder's court for the municipal ordinance violations, and then transferred to the superior court to be prosecuted for the separate state violations, without violating statutory or constitutional double jeopardy prohibitions. 1986 Op. Att'y Gen. No. U86-32.   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 269 et seq.   C.J.S.   - 22 C.J.S., Criminal Law: Substantive Principles, § 12 et seq. 22A C.J.S. Criminal Procedure and Rights of the Accused, 656 et seq., 666 et seq.   ALR.    - Conviction or acquittal of larceny as bar to prosecution for burglary, 19 A.L.R. 626.    Pendency in one county of charge of larceny as bar to subsequent charge in another county of offense which involves both felonious breaking and felonious taking of same property, 19 A.L.R. 636.    Conviction or acquittal upon charge of murder of, or assault upon, one person as bar to prosecution for like offense against another person at the same time, 20 A.L.R. 341; 113 A.L.R. 222.    Forgery of names of several individuals to the same instrument as more than one offense, 33 A.L.R. 562.    Acquittal or conviction of one offense in connection with operation of automobile as bar to prosecution for another, 44 A.L.R. 564; 172 A.L.R. 1053.    Continuous transaction constituting a complete offense in each county or district as constituting more than one offense, 73 A.L.R. 1511.    Acquittal or conviction of assault and battery as bar to prosecution for rape, or assault with intent to commit rape, based on same transaction, 78 A.L.R. 1213.   Prosecution for robbery of one person as bar to subsequent prosecution for robbery of another person committed at the same time, 51 A.L.R.3d 693.   Single act affecting multiple victims as constituting multiple assaults or homicides, 8 A.L.R.4th 960.   Double jeopardy: various acts of weapons violations as separate or continuing offense, 80 A.L.R.4th 631.   Conviction or acquittal in federal court as bar to prosecution in state court for state offense based on same facts - Modern view, 97 A.L.R.5th 201.   What constitutes accused's consent to court's discharge of jury or to grant of motion for mistrial which will constitute waiver of former jeopardy plea - silence or failure to object or protest, 103 A.L.R.6th 137.