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. See below for an in-depth guide on all the things that you need to know about an aggravated assault in the state of Georgia. Even if you don't have gone to city hall, there are many different ways you can go about trying to get a criminal defense lawyer. National Criminal Defense College Qualification Requirements In order to qualify for a college certificate, you must have passed an entrance test and have been practicing law for a minimum of two years. 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. It takes about one to two months to get a criminal defense lawyer in Savannah, Georgia. Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. Because these cases are filed by the government, there is no way to drop the charges. Georgia Criminal Lawyer- Should I Just Plead Guilty? Everyone needs to be treated with respect. 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. Do you know where and how to ask for help? In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. 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. If you are ever accused of a crime, it is best to seek the help of a criminal defense lawyer immediately. 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. The types of defenses that a criminal defense attorney will bring forth include alibi (an alibi is when someone claims that they were somewhere else at the time of their crime), evidence, or constitutional law. Contact us to schedule a consultation so we can start building your case today. Have you recently been charged with aggravated assault in the state of Georgia? Oops, there was an error sending your message. An effective criminal defense lawyer can help you in several ways. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. Assault is only when there is a fear of harm and it means the person doing the assault has to intentionally make the other person fearful for their safety with the threat of potential harm. A former Iqaluit city councillor's aggravated assault charge has been dropped. And if you still need help after doing all that searching, contact an attorney. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. As an incarcerated individual, one of the most important things you can do is stay safe while on release. There are two primary types of drug offenses in Georgia, which include possession and distribution. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. It would be best to have a criminal defense lawyer who will work with you on your case to get the best result. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. These requirements can make it very difficult for people to become full-time members of the legal profession. The basic sentence for aggravated assault in Georgia is a minimum of one year in prison and a maximum of 20 years. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. 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. In other cases, the court may suspend sentencing. The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. They should have experience in criminal legal proceedings and be able to help you win the case. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. He was sentenced to three to 10 years in state prison in 2018 after being found guilty on three counts of aggravated indecent assault of former Temple University employee Andrea Constand. The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. The person may also be offered a plea bargain that includes some type of community service. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! What Are the Consequences of Domestic Violence in Georgia? 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). They Can Provide You with Expert Witness Testimony If your probation violation involves breaking the law, a criminal defense attorney can provide expert witness testimony on behalf of their clients at trial or during a pre-trial hearing. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. (480) 744-7711. What is the Criminal Justice System? For example, let's say that a person was convicted of driving under the influence (DUI). How Do You Value A Car Accident Claim in Georgia? This is the time you spend in jail or prison. Most states have a "time spent in custody" (TSIC) requirement. There are many things you should look out for when seeking the services of a criminal defense lawyer. The minimum prison sentence graduates to 5 years for the following: The offense is committed against a correctional officer, firefighter, police officer, or officer of the court. We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. If you try to avoid being caught by law enforcement, theres a good chance that you will be seen as a criminal and face additional charges. Ask for Help or Resources Savannah is still a small, tight-knit community. face. Jarrett Maillet J.D., P.C. In the state of Georgia, an incident qualifies as assault when the aggressor attempts to cause the victim harm. Can aggravated assault charges be dropped in Tennessee? If the victim is age 65 or older, a member of the offender's family, a law enforcement officer, a public school worker, or a pregnant woman, then it will be charged as a high and aggravated misdemeanor, which carries a maximum fine of $5,000. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. You'll want to make sure you ask the right questions and get the answers you need before moving forward. For one thing, it could affect your ability to get a job. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. There are many points in the charging and sentencing process at which an experienced defense attorney can advocate on your behalf, and its vital to take advantage of all of them. As an incarcerated individual, you probably already know that the system has particular rules and problems that can make reentry into society particularly challenging. As such, sentencing for a repeat family battery charge could be punishable with up to 5 years in jail. Website Design, Hosting, Maintenance & SEO by WebTechs.Net. If you are charged with aggravated assault in Georgia but did not commit that crime, you should understand the charges you are facing and seek experienced defense counsel. Trafficking: Selling drugs to others. For example, leaving town without permission is considered a violation if you have a curfew. What Are The Most Common White Collar Crimes and Penalties? These institutions are often well-versed in dealing with people in crisis situations because they have assisted so many people over time and have been doing so since before Savannah was even founded! The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. Call today for an initial consultation! As an offender, you will likely go through various courtrooms. For example, if a person has a history of drug use, he or she may be expected to participate in counseling programs designed to address addiction problems, or the court may impose a more lenient sentence based on this information. Manufacturing: Making drugs from scratch. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. If you need assistance from someone else (such as finding employment), reach out to Savannah Legal Services (SLS). How Do I Get My Car Repaired After An Accident in Georgia? There are many rights you have as a re-entry program participant that will help you succeed in your life after incarceration. " " indicates required fields. The severity of your sentence depends on the type of drug that was involved and whether or not you have any prior convictions. 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). Doing so can help you build your case. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each states sentencing statute or sentencing guidelines. Because assault is a crime, the state does not need your permission to bring criminal charges. Jarrett Maillet J.D., P.C. Can simple assault charges be dropped in GA? This is especially true if you are a person of color and someone with whom the police have their sights on. If you are in need of a criminal defense lawyer, contact attorney Jarrett Maillet for a consultation. They take on many of the tasks related to prosecuting offenders, such as investigation, presenting evidence for the case and legal advocacy. Violating probation can have serious consequences that could include jail time. Can aggravated assault charges be dropped in GA? Can I Get a Hardship Drivers License in Georgia? The crimes are filed through governmental criminal cases. Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. An aggressive defense is your best option, and may result in the eventual dismissal. 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. If youve been accused of or charged with domestic violence, dont wait. Four good reasons to indulge in cryptocurrency! The criminal justice system is intended to prevent crime and punish those who commit it. An experienced defense attorney can provide the services necessary to protect a defendants legal rights. That said, it would benefit you to understand what penalties you 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. This is where legal representation comes in. They are experienced in all types of cases, which means they know just what measures to take. What Are Drug Offenses in Georgia? These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. BLOG, Jarrett Maillet J.D., P.C. Read on to learn more about getting assault charges dropped. It's also essential to understand the legal process and know what you can ask for during the litigation process. They will be able to help with your case and teach you everything that you need to know about criminal trials and defenses. They should also have experience working with the law enforcement agencies surrounding your business or office. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. 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. Some of these include the right to housing, employment, education, public assistance, and more. 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. So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. 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. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. Contact Tyler Moffitts law office today for a free consultation with an experienced Georgia criminal defense lawyer. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. Have your civil lawyer on your side if you want to try and win in a court of law. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. What is Domestic Violence? Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. If you're facing a crime charge and don't have a criminal record or aren't sure about your legal case, it's always a good idea to enlist the assistance of a criminal defense lawyer. If you are facing an aggravated assault charge or if you are trying to try an assault charge dropped, do not hesitate to call the Law Office of Reynaldo P. Morin at (936) 559-7100. You can also ask friends or family members who they recommend and if they might have any knowledge of any lawyers in your area. Georgia Could Raise The Age At Which A Child Could Be Tried As An Adult, Getting Back On Track After a DUI Conviction, Georgia Is Considering Raising The Age At Which A Child Could Be Tried As An Adult. *This information is not intended to be legal advice. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. 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. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. Jarrett Maillet J.D., P.C. Is it Worth Getting a Criminal Defense Lawyer? , is a seasoned criminal defense attorney with experience on both sides of the courtroom. 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. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. Have your criminal law firm on your side if you want to try and win in a court of law. This can be perpetrated with the hands or arm, with a weapon such as a garotte, or with some other object, such as the cord of a lamp. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. 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. What Questions Should You Ask a Criminal Defense Attorney? The jail is where you will be taking your first steps into the judicial process. Code Sections: Simple Assault: O.C.G.A. They know how to fight and how to lose. You could lose your right to vote. This can include current or former significant others, as well as parents, children, and siblings (including step-relations, grand-relations, foster-relations, half-relations, etc). [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. In this situation, an excellent criminal defense lawyer won't just provide legal services but will be there for you from the start until the end of your case. Once it is used, it can never be used again. How Much do Criminal Defense Lawyers Charge? Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. Call today for an initial consultation! And that's just how it works in a criminal case. 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. There are junior lawyers, senior lawyers, and those who are the head of their law firm. All Rights Reserved. They can provide you with an overview of how the criminal justice system works as well as assistance with navigating the process. Copyright 2023 Canterbury Law Group. 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. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. You can try going to city hall or some other government office and asking for help. What is the maximum jail time for aggravated assault in Georgia? 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. 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. FIND US ON THE WEB | What is the aggravated assault law in Georgia? 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. 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. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, A criminal defense lawyer is a lawyer who accommodates defense in a criminal case. Lastly, it's also essential to make sure your fraud case is started. trusted criminal defense lawyer to give you the legal defense that you require. They can also assist you in getting a good defense if your record is clear. 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. These include the right to housing, employment, education, public assistance, and probation of up 20. Defense if your record is clear s aggravated assault charge has been.... 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