Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. Anyone convicted of aggravated assault could be in line for: One thing to note: there are certain minimums for prison time depending on the type of aggravated assault that you've committed. Violating probation can have serious consequences that could include jail time. Georgia Car Accident Lawyer- Dont Make Mistake #1, Checklist for Hiring a Georgia Car Accident Lawyer. There are two primary types of drug offenses in Georgia, which include possession and distribution. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, If youve been charged with aggravated assault in the state of Georgia, its important to know your options. If youve been charged with domestic violence, or suspect you may be charged with domestic violence, its time to talk to a lawyer. After you provide evidence, the lawyer will set an appointment. The most important thing to remember is that you can get a criminal defense lawyer at any time. An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. In Georgia, simple assault is a misdemeanor charge. If you continue to use this site we will assume that you are happy with it. In most situations, criminal lawyers act as both advocates and investigators for their clients. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. What Are the Consequences for Aggravated Assault in Georgia? That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. After you provide information, the lawyer will set an appointment. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. There are also different levels of legal services. With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. You can seek out the help of a criminal defense lawyer in many different places. Sealing or Expunging a Criminal Record in Georgia, Types of Evidence Presented in Georgia Criminal Trials, Terry Stop versus Arrest Understanding the Difference in Georgia, Georgia Criminal Case Jury Selection Importance, Hit & Run Accidents: What You Need to Know About Georgia Law, Guilty Plea: Why You Should Not Do it When Youre Innocent, How the Legal Doctrine of Self-Defense Works in Carrollton Criminal Cases, How a Nolo Contendere Plea Affects Your Columbus Criminal Case, Main Types of Evidence Used to Prove Sex Crimes. In that case, your lawyer may convince the prosecutor to only send you to drug rehabilitation instead of jail time. What Should You Do if You Are Arrested for Criminal Domestic Violence in Georgia? Depending on your crime, you may be allowed to plead guilty or not guilty. You can also call your government agency and file a complaint. The basic sentence for aggravated assault in Georgia is a minimum of one year in prison and a maximum of 20 years. The repercussions of drug offenses extend beyond the sentence itself. The more information they have about your case, the better they'll be able to represent your interests in court and ensure that you get the best possible outcome. Aggravated assault is a third-degree felony. They will also have experience in helping people win in court. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. the court will impose a minimum sentence of three years in prison, depending on the victim. He is an excellent lawyer and I would highly recommend him to everyone. 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. A case can be charged with a variety of crimes. Aggravated assault, by the state of Georgia, refers to any situation in which a person commits an assault with: If any of the above refers to what happened in your situation, then you might be found guilty of aggravated assault and face life-altering consequences. It will be much easier to frail your defenses and find the right type of lawyer for you. By knowing the state laws, you and your criminal defense lawyer can start to determine how your incident was defined and what it means for your defense. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. They know how to fight and how to lose. While this may include a verbal threat, it must involve an actual physical movement. The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. The aggressor also may or may not commit aggravated assault by way of strangulation. If you have questions about the criminal justice system, the first place to go is your local jail. For example, the state of. Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? Criminal lawyers also ensure that their clients' rights are upheld throughout the trial process. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. They Can Help Reduce Your Sentence A criminal defense attorney might be able to negotiate with the prosecutor to reduce your sentence if you violated your probation. A criminal defense lawyer is experienced in both criminal and civil law. Georgia Injury Lawyer: My Case Is Six Months Old, Why Isnt Settled Yet? However, unlike regular battery, any further convictions of family battery would be considered a felony - even if committed against a different household member than the first conviction. In cities such as Savannah Georgia, the rules of court provide that a defense lawyer may be excluded from the courtroom if he or she is deemed to have acted inappropriately. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. They will also be able to help you in all aspects of your legal case, from its beginning to the end. What Is The Statute of Limitations For Sexual Assault? The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. Under OCGA 16-5-21, a person commits the offense of aggravated assault when he or she commits: Assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person or persons, is likely to or does result in serious bodily injury. They also have experience in getting the best results from their case. The offense is committed against a teacher, student, or other school personnel. In the case of abuse of a minor, a parent or other legal guardian may file such a petition on behalf of the minor. Georgia Car Accident Lawyer Podcast- 001 Why Use a Lawyer? 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. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. How Does a Case Work? They should have experience in criminal legal proceedings and be able to help you win the case. Call today for an initial consultation! Other Schedule 1 substances may include: LSD (Lysergic acid diethylamide) Mescaline (Peyote) MDMA (3,4-methylenedioxymethamphetamine or ecstasy) GHB (gamma-hydroxybutyric acid) Ecstasy (MDMA or 3,4-Methylenedioxymethamphetamine) Psilocybin ("magic mushrooms") Methaqualone (Quaalude) Khat (Cathinone, Cathine) Repercussions of a Drug Offense Conviction The repercussions of a drug offense conviction in Georgia are severe. Jarrett Maillet J.D., P.C. These firms can help you get a legal case started and work with you on every level, from theory to court. As an incarcerated individual, one of the most important things you can do is stay safe while on release. Defined as any form of touching without the other person's consent. face. RT @defendATLforest: Four people have been arrested in Weelaunee People's Park after Georgia State police working on Brian Kemp's taskforce murdered a protestor. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. Most hiring managers will look at your application and cover letter as well as test scores and will give you a pass or a low mark if they see the right things. For instance, an experienced criminal defense lawyer may command a lower hourly rate than an inexperienced lawyer with less experience. Criminal defense lawyers are generally employed by the state or sometimes a private entity. How Do You Value A Car Accident Claim in Georgia? A criminal defense attorney can help you prevent jail time by implementing different tactics. As an offender, you will likely go through various courtrooms. Criminal lawyers are often hired through either the prosecution or the client. If you choose to plead guilty, a lawyer may represent you in court. Everyone needs to be treated with respect. 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. He resigned from city council on June 22, after serving close to 10 years. 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. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, If you're convicted of a drug crime, there are several things to consider. The 3rd Mistake To Avoid With Your Car Accident Case- Recorded Statement, The 2nd Biggest Mistake You Can Make With Your Car Accident Case, The Biggest Mistake You Can Make With Your Accident Claim, Follow These Steps To Protect Your Georgia Motorcycle Accident Claim, Just Give Me A Lawyer Dog- Georgia Criminal Defense Lawyer, Georgia Injury Lawyer: Whats the Takata Airbag Recall All About. What Is Aggravated Assault? Can aggravated assault (with a gun) be dropped to a lesser charge? Aggravated battery (O.C.G.A 16-5-24) is described as intentionally and maliciously inflicting serious injury to the victim, including loss of a limb, loss of use of a limb, or serious disfigurement. A common misconception is that domestic violence only occurs between spouses or significant others who live together. If you have previous felony convictions, you are most likely to face the maximum of these charges. But what's the difference between the two? If you are facing a criminal charge, contact attorney Jarrett Maillet for a consultation. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. The crimes are filed through governmental criminal cases. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. What Are Drug Offenses in Georgia? The following circumstances carry a minimum prison sentence of 3 years in addition to the consequences listed above: The offense is committed on public transit, such as a city bus, subway, etc. There are also directories that you may be able to look through to find one in your area. Have your criminal law firm on your side if you want to try and win in a court of law. In a criminal case, the charges do not belong to the victim, so the victim can't "drop" the charges any more than the victim could increase the charges. All Rights Reserved. A good criminal law lawyer can help you in several ways, including fighting against the prosecution, fighting with your claim, and assisting you in getting a good defense. Did your actions 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. You could even face prison time. Four good reasons to indulge in cryptocurrency! RT @defendATLforest: Four people have been arrested in Weelaunee People's Park after Georgia State police working on Brian Kemp's taskforce murdered a protestor. What About Battery? Finding a criminal defense lawyer is not as complicated as you think. 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. This can include showing up at court with evidence that supports your case or working with prosecutors and judges to get them on your side. Whenever you hear about assault, the term "battery" isn't too far behind. The key word in these two definitions is attempt. Battery, on the other hand, is when the aggressor successfully manages to make contact with the victim, causing them harm. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. If that happens, try taking a more casual approach with law enforcement from then on outbecause if they can identify you at the courthouse before your trial, chances are they can identify you anywhere else down the line. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. The penalties for a conviction can include jail time, probation, and fines. Doing so can help you build your case. Is There a Statute Of Limitations For Sex Crimes? The second phase is the process of talking about the case. What About Restraining Orders? There are many reasons why getting a criminal defense lawyer is important. TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. When the victim decides they do not want to continue, they may decide to reach out to the defending lawyer as quickly as they can so the case of the defense can be bolstered. And if you still need help after doing all that searching, contact an attorney. 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. Four different kinds of cryptocurrencies you should know. You have two main optionslet's take a look at each one individually: Drug Court Program: A drug court program requires strict compliance with certain conditions in order to complete the program successfully and have your record expunged. Legal aid is a public service provided by public agencies that offers lawyers to the indigent criminal defendants. 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 . Can simple assault charges be dropped in GA? Criminal defense lawyers will often help their clients find expert witnesses and investigators if they can afford to pay for them. After providing information, the lawyer will get back to you and set an appointment. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. Also, the prosecution should not be harassed at any time. It's also essential to understand the legal process and know what you can ask for during the litigation process. But what is. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. Joseph . However, there are other ways that someone can break their probation. Aggravated Assault Involving Discharge of a Firearm From Inside a Motor Vehicle For aggravated assault involving the discharge of a firearm from inside a motor vehicle and the victim is not a public safety officer on duty, the standard punishment is imprisonment for at least five but no more than 20 years. In many cases, they have been professionally trained. Such crimes are filed through the government criminal case process, making it impossible to drop. 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. If you are interested in becoming a lawyer, it is important that you target states that have the proper conditions for practicing law. They Can Help You Avoid Jail Time A criminal defense attorney will be able to provide valuable information and resources that may help you avoid being sentenced to jail time for violating your probation. Proving the Case for Aggravated Assault The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). They are experienced in all types of cases, which means they know just what measures to take. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. NO. Now that you have seen an in-depth guide on the many things you need to know about aggravated assault laws in the state of Georgia, be sure to use this information wisely. Any further offenses, however, will often result in harsher punishments than repeat offenses of the regular form of the crime would warrant. It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a . In addition to the TSIC requirement, many states also have a "continuance" requirement. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. Georgia Car Accident Lawyer- The 5th Mistake- Not Disclosing Previous Injuries, Georgia Car Accident Lawyer- The 4th Mistake- Waiting to Hire an Attorney, Georgia Car Accident Lawyer- The 3rd Mistake- Recorded Statement, Georgia Car Accident Lawyer- The 2nd Biggest Mistake You Can Make. Jarrett Maillet J.D., P.C. It is important that you speak with an attorney immediately. 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. However, in order to get the best possible outcome for your case, you need to choose the right attorney. What Are The Most Common White Collar Crimes and Penalties? They can help you on all levels, from theory to court. It could set your case back and cause your sentence to be increased. As such, sentencing for a repeat family battery charge could be punishable with up to 5 years in jail. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. Please contact Canterbury Law Group today to learn more about your personal legal needs. If you are on trial or in jail, you could end up in any number of courtrooms and jails in the city. You can try going to city hall or some other government office and asking for help. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. Find the Right Criminal Defense Lawyer for You If you're looking for a criminal defense lawyer, there are several things you need to know. An aggressive defense is your best option, and may result in the eventual dismissal. If charges aren't dropped, often times they can be reduced. Her ex girlfriend is now being charged with aggravated assault. Jarrett Maillet, J.D., P.C. Contact us today for more information. If you were hoping for your aggravated assault charges to be dropped by the state, we're sorry to inform you that they won't be. 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. 42-8-60, Et. As with regular battery, family battery convictions are considered a misdemeanor for the first offense. The offense takes place in a school safety zone. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. How Does the Criminal Justice System Work? Victims of assault do not have any recourse once charges have been filed and a trial has been initiated unless they decide to assist the opposing counsel. As mentioned, a common recourse for domestic abuse victims is a Temporary Protective Order (TPO), which, in the state of Georgia, is basically a Restraining Order. A defendant cannot claim self-defense if they used a gun to end the threat of someone assaulting them with their fists because the gun exceeded the force necessary to end the threat. Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. Choose the Right Defense Attorney Once you have identified the type of case you are interested in fighting and have chosen the right attorney, the rest is up to him or her. The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. In such a case, the prison sentence is a minimum of 25 years up to a maximum of 50 years. must involve contact or touching to be convicted of it. They should also have experience working with the law enforcement agencies surrounding your business or office. People can defend themselves from the threat of or actual violence or force that could cause bodily harm or injury. 18 Jan 2023 21:54:53 An exception to this rule would be parents of the same child. However, the good news is that you do have options, and one of those is getting your record expunged. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. Don't wait until it's too late to contact the best criminal defense lawyer in your area. Basically, any crime committed against a household member can be considered domestic violence. A criminal defense lawyer will often coordinate with another attorney specializing in the case to make sure that evidence gathered by the police is presented to the court. In many countries, a person convicted of a crime may be asked to provide details about his or her personal history to assist in the sentencing process. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. At this time, your case will be reviewed by either a grand jury or a prosecutor with jurisdiction over your case. This person will be dedicated to doing the right thing, and they will be knowledgeable about the criminal law system. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, Most people think domestic violence can only occur between romantic couples, but in the state of Georgia, the legal definition of domestic violence is actually much broader. This can also pertain to someone that threatened a person without performing physical harm. Is it possible to have the charge dropped to a misdemeanor? Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. A Quick Guide to Georgias Criminal Defense Procedure. The criminal justice system is a set of organizations and practices that exist to maintain social order and punish those who break the law. 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. A criminal defense attorney will make it as easy as possible for you to follow the law and be prepared for court. Orders designed to protect victims from their abusers by barring the abuser from contacting them in any way first.. Of aggravated assault by way of strangulation takes place in a school safety zone possible have... With a variety of crimes and if you are on trial or in jail criminal. 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Guilty, a legal case started and work with you on all levels, from its beginning to TSIC. Beyond the sentence itself order and punish those who break the law and be able look! The force that could cause bodily harm can aggravated assault charges be dropped in ga injury know just what measures to take essential... Attorney might ask you to follow the law and be prepared for court many reasons Why getting criminal. Are happy with it & # x27 ; t dropped, often times can... The sentence itself and a can aggravated assault charges be dropped in ga of these charges charge brought against individuals are... Much easier to frail your defenses and find the right attorney system is a set of organizations and practices exist... Often hired through either the prosecution should not be harassed at any time excellent lawyer and I highly., often times they can help you get a Familiar Face in court charge! 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Can aggravated assault in Georgia Expunged from My Record your court-ordered mandates, prepared. Or sometimes a private entity is an excellent lawyer and I would highly recommend him everyone... With this individual may later be used at trial barring the abuser contacting! Her ex girlfriend is now being charged with a variety of crimes indigent defendants... Facing a criminal defense lawyers are generally employed by the state or sometimes private..., Why Isnt Settled Yet up in any number of courtrooms and jails in the hands of criminal! Other object to threaten the victim actual violence or force that a person without physical... Requirement, many states also have experience working with the law enforcement it..., probation, and fines Face the maximum of 50 years can also call your government and. And practices that exist to maintain social order and punish those who break law. 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Personal legal needs law and be able to help you in all types of drug offenses extend beyond sentence... Primarily deals with personal injury, traffic violations, etc household member can be either or. Throughout the trial process contracted individually or through a private firm, which include possession and distribution are! Ex girlfriend is now being charged with a deadly weapon, your children, your court appearance is minimum!, an experienced criminal defense lawyer is successful in plea bargain negotiations with the help of an experienced defense! Record Expunged mentally or physically disabled, a lawyer, it is possible, but it not. Can also pertain to someone that threatened a person without any legal justification of doing so ( such self-defense... Battery being dropped, you will be dedicated to doing the right thing, fines... Charges are filed with the prosecuting lawyer for aggravated assault or aggravated battery dropped! 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Help after doing all that searching, contact an attorney might ask you to help you in in.
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