210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, As the saying goes, justice delayed is justice denied. A good understanding of your criminal defense lawyer will help you get the best results from your time and money. face. They can also help you in other matters between you and the government or company employees. There are many things you can do on your own to fight back against a police officer or prosecutor. However, in any courtroom in Texas, experience, and knowledge of how the law works, has the biggest impact. Georgia Code Section 16-5-23 also outlines another form of aggravated assault, namely when the aggressor discharges a firearm in the direction of another person, granted that the aggressor does so from inside an automotive vehicle. A person sentenced for aggravated assault can beat such charges in the following situations: If the assault was aimed at self-defense or the defense of another person, an offender might be able to beat aggravated assault charges under the law. The most important thing to remember is that you can get a criminal defense lawyer at any time. In some countries, this is known as exclusionary rule. Georgia Criminal Lawyer- What is a Preliminary Hearing? Depending on the charge, the length of time that you are expected to stay in jail or prison and the type of sentence you are likely to serve, your case will be classed as either a misdemeanor or a felony. This may sound unusual, but these places are often great sources of information about the local legal system, including those who have been incarcerated beforeand have a lot of experience with navigating it successfully. They should have experience in criminal legal proceedings and be able to help you win the case. They are experienced in all types of cases, which means they know just what measures to take. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. Georgia Injury Lawyer: My Case Is Six Months Old, Why Isnt Settled Yet? Georgia Code Section 16-5-23 defines aggravated assault as an incident in which one person (called the aggressor) attempts to assault another person (called the victim) with the intent to murder, rape, or rob. Even if you are a first-time offender, there is a real possibility that you will go to prison. They can help you with legal issues that might arise from your business relationship with the government or your personal life. While this may include a verbal threat, it must involve an actual physical movement. Their rates vary depending on their experience, location, and if they work for a government or private agency. Cleveland, GA (January 10, 2023) - The GBI arrested a Cleveland man for criminal solicitation in an attempted murder for hire case. What makes aggravated battery a felony in Georgia? What Is Aggravated Assault? Aggravated assault is a third-degree felony. It will be much easier to frail your defenses and find the right type of lawyer for you. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. It's essential to have an excellent criminal defense lawyer on your side because you may have to fight for your case. Keep an eye out for potential threats and take appropriate action as needed. Aggravated Battery Aggravated battery is a felony in Georgia, and occurs if the offender intentionally inflicts a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement. If this was your first offense for possession with intent to distribute marijuana, then it would likely be considered a misdemeanor instead, which means less severe penalties such as up to $1K in fines and/or up to 1 year in jail (GA Code Ann., 16-13-30). This assault may have occurred by use of a deadly weapon or some sort of object (e.g., an aluminum soda or beer can) that is likely to inflict a serious injury. Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. General Probation: This option requires no special conditions or requirements other than following all laws while on probation (which includes not possessing or using illegal drugs). You need to provide enough information to identify that you are an appropriate client. We've helped many Savannah residents in your situation, and are happy to do the same for you. Even if you aren't applying for any government assistance or applying for jobs that require drug testing, you might still have trouble getting on life insurance or finding someone willing to give you a loan. If the accused is guilty of committing an aggravated assault or battery on Public transit property or in a public transit vehicle, or, Against certain victims named in the statute such as a family member, intimate partner, person 65 years or older, a law enforcement officer, or a corrections officer, then. For example, if you have prior drug convictions on your record and are charged with possession with intent to distribute marijuana, then this would be considered a felony offense with serious repercussions, including up to $100K in fines and up to 25 years in prison ( GA Code Ann., 16-13-31 ). If you need legal assistance or a place to stay for the night, your first stop should be the local office of the public defender's office. Her ex girlfriend is now being charged with aggravated assault. This person will be dedicated to doing the right thing, and they will be knowledgeable about the criminal law system. In such cases, it's necessary to have a professional help you get the best result. If you plan on being in this city for any length of time, its a good idea to learn something about your surroundingsand the people who live there. As well as the type of charge, if it was possession or distribution with the intent to sell. The significant role played by bitcoin for businesses! So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. Formulating A Defense For Involuntary Manslaughter, Hosts Have A Responsibility When Having A Party, A First Time Drug Offense In Georgia Can Result In Serious Consequences, Threats of Violence Carry Serious Consequences. Regardless of the method, the victim must have a real and present fear of imminent harm due to the aggressors actions, not just their words. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. How Do You Value A Car Accident Claim in Georgia? They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence. What is the Criminal Justice System? Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. If charges aren't dropped, often times they can be reduced. Is There a Statute Of Limitations For Sex Crimes? Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. Joseph . Youve probably heard the term battery as assault and battery. In fact, the two are used together often enough that most people dont realize they are actually separate charges. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. Third Offenses: If you are convicted of a third offense, the penalty may be a fine of up to $5,000 and/or imprisonment for up to five years. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. After you have been accepted, you will begin the hiring process. This is known as the "record retention" requirement. Canterbury Law Groupscriminal defense lawyersinPhoenixandScottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. For example, leaving town without permission is considered a violation if you have a curfew. Can aggravated assault charges be dropped in GA? You may also be required to undergo substance abuse treatment and/or participate in community service activities. Criminal lawyers work on a contingency fee basis and are not entitled to receive a percentage of the client's recovered money in return for their services. There are also some other general tips to keep in mind: Stay calm and collected during arrest-related events; do not resist arrest; cooperate with law enforcement officials; obey all police orders; avoid making dramatic moves that might draw attention from onlookers or passersby; wear appropriate clothing during court proceedings; and maintain contact with family members or friends back home so they can help support you if needed. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison trusted criminal defense lawyer to give you the legal defense that you require. Code Sections: Simple Assault: O.C.G.A. For example, when battery is committed against a household member, the offense is actually called family battery. Anyone convicted of aggravated assault could be in line for: 4. They know how to fight and how to lose. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. Aggravated Assault (O.C.G.A. A simple misunderstanding shouldnt lead to charges on your permanent record. The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. really fall under the correct definition of this crime? If a person is accused of committing a crime, they will likely be arrested by the police and be offered the opportunity to have their charges reduced or dismissed in exchange for pleading guilty. DISCLAIMER | You may also be required to undergo substance abuse treatment and/or participate in community service activities. In most cases, there will also be a bail hearing where bail is set and/or conditions are set on your release from custody. What Is The Statute of Limitations For Sexual Assault? Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. An aggressive defense is your best option, and may result in the eventual dismissal. The person may also be offered a plea bargain that includes some type of community service. A former Iqaluit city councillor's aggravated assault charge has been dropped. Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. I was facing 3 misdemeanor charges and got them all dropped on the condition that I do a small amount of community service, pay a fine, and don't get in any more . 19-13-30 19-13-34) defines domestic violence as battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, and/or any felony committed by one household member against another. This means that if you make it difficult for law enforcement to capture or find you, they will have no choice but to use greater force. Contact criminal defense attorney Jarrett Maillet today to help you with your case. Some law firms tell people what they want to hear. Proven Record and Record Retention Requirements In order to be able to represent someone in a court of law, you must first have legal representation of your own. No. The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA 16-5-21. If so, then you need to learn all that you can about aggravated assault laws. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. They can also assist you in getting a good defense if your record is clear. Most states have a "time spent in custody" (TSIC) requirement. A criminal defense attorney can help you prevent jail time by implementing different tactics. Georgia Criminal Lawyer- Should I Just Plead Guilty? Jarrett Maillet J.D., P.C. If you do not meet this requirement, you will not be able to serve your sentence. So, what can you do to navigate the system? The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. A criminal defense attorney will make it as easy as possible for you to follow the law and be prepared for court. As an offender, you will likely go through various courtrooms. Many people make mistakes in criminal situations, and hiring a lawyer is smart. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. Where to Go for Help in Savannah The criminal justice system can be difficult to navigate, but there are services and support available for you. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). The decision to drop charges or stop the case is entirely with the prosecuting lawyer. Many attorney firms offer free consultations for criminal defendants who are facing legal issues and could use some advice on how to proceed from someone knowledgeable about the courts and their rights as a defendant in Savannah's criminal justice process. One parent can commit domestic violence against another regardless of whether or not they currently or have ever lived together. Whats the Difference Between Assault and Aggravated Assault? 42-8-60, Et. Get to Know Your Defense Attorney It's essential to have a good understanding of your defense attorney to plan the best criminal defense. Drug offenses can include possession of marijuana, cocaine, methamphetamine, heroin, or possession of prescription drugs like Oxycodone and Hydrocodone, as well as other controlled substances like cocaine hydrochloride (crack) and amphetamine sulfate (speed). The criminal justice system is intended to prevent crime and punish those who commit it. And lastly, the most severe charges are reserved for those offenses that are committed with the intent to rape a child under the age of 14. Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. Aggravated Assault and Battery Penalties. There are two main components of the criminal justice system: Public safety and Jurisdiction Public safety is made up of the police force and the court system, which together work to minimize crime in society while maintaining public peace. This means that the court can sentence you to a maximum of five years imprisonment or five years of probation, as well as a maximum $5,000 fine. Because these cases are filed by the government, there is no way to drop the charges. There are several types of assault in Georgia, but the difference between a felony and misdemeanor assault often is determined by the severity of the assault. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. to give you the legal defense that you require. To be considered a battery offense, the convicted party must have intentionally meant to touch the other person, have touched the person in an offensive spot, and lacked. With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. Its important to note that the Georgia Family Violence Act broadens domestic violence to include former household members as well as current, along with former relations. Getting Off the Georgia Sex Offender Registry, Fighting Allegations of Domestic Violence, What Should I Do If I Am Pulled Over By a Cop- Georgia Criminal Lawyer. The more normal happening occurs with the serious charge of aggravated assault or aggravated battery being dropped to simple assault or simple battery respectively if not something as lesser. Hire your Georgia criminal defense attorney and tell them your side of the story. Georgia law refers to domestic violence as perpetrated against a household member. The Georgia Family Violence Act goes on to describe a household member as any person living or formerly living in the same household. A conviction can also result in fines, probation, and even jail time. Are you Looking for a Criminal Defense Lawyer? What Are Drug Offenses in Georgia? Criminal lawyers also ensure that their clients' rights are upheld throughout the trial process. How much jail time do you get for aggravated assault? Have you recently been charged with aggravated assault in the state of Georgia? Defined as any form of touching without the other person's consent. You also want to make sure that they will take the time to look over all details of your case and handle it as best as possible. The main distinction between the two is that battery. What constitutes aggravated assault in Georgia? How to Hire a Good Criminal Defense Lawyer in Savannah, Georgia: There are a few things that you can do to get a good criminal defense lawyer in Savannah, Georgia. Your email address will not be published. A good defense lawyer can help you get the maximum possible sentence for the charge you are facing and have the strongest case against your accuser. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. The offense also qualifies as domestic violence. NO. The first thing is to make sure that they have a lot of experience dealing with your type of case. They should also have experience working with the law enforcement agencies surrounding your business or office. Is it possible to have the charge dropped to a misdemeanor? Criminal lawyers should be aware of the possible defenses and mitigation factors in cases where their clients are charged with more serious crimes. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. These are places that you can go to find a criminal defense lawyer. Furthermore, always remain aware of your surroundings; don't walk alone at night, and don't stand too close to someone else who looks like they might pose a threat. Read on to learn more about getting assault charges dropped. But what's the difference between the two? If there is, the case may be further complicated. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga They can handle all types of cases, as well as different areas in law. There are two primary types of drug offenses in Georgia, which include possession and distribution. The basic sentence for aggravated assault in Georgia is a minimum of one year in prison and a maximum of 20 years. A minimum of three years in prison is also given to anyone that commits an aggravated assault against a person 65 years or older. Georgias Family Violence Act (O.C.G.A. However, there are other ways that someone can break their probation. An aggravated assault allegation means that the accused is alleged to have produced a deadly weapon in committing an assault or caused the severe bodily injury in the course of an assault. However, the good news is that you do have options, and one of those is getting your record expunged. If you are sentenced under Georgias First Offender Act and successfully complete your sentence, you will not have a conviction and the charge will be sealed from your official criminal history. Once we hear your side of the story, we'll give you legal advice on how to protect your case, then we'll start to build evidence with our vast network. Some community colleges or law schools will have records of lawyers who practice in the area, as well as how much they charge per hour. Refers to domestic violence as perpetrated against a police officer or prosecutor a drug offense, will! Considered a violation if you do not meet this requirement, you may also be to. 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To help you with your case drug offenses in Georgia gets confusing: assault can sometimes be defined an... Business or office by using drugs and alcohol but did not commit any crimes.
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