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. , has the experience you need to deal with your charges. Aggravated assault in Georgia is considered a felony, and is punishable by up to 20 years probation and/or prison, up to $100,000 in fines, and restitution. 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. What is the Criminal Justice System? Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. You need to provide enough information to identify that you are an appropriate client. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. In these situations, the defendant can face serious sentencing unless the lawyer hired for the criminal case can convince the other legal professional why a plea bargain is the best option. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. The offense also qualifies as domestic violence. 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. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. It will be much easier to frail your defenses and find the right type of lawyer for you. 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. Some of these include transitional housing and residential drug treatment centers. 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. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. trusted criminal defense lawyer to give you the legal defense that you require. Because these cases are filed by the government, there is no way to drop the charges. Aggravated assault generally applies to a situation where the assault included the intention to rape, rob, or . Sentencing for Distribution Convictions A Georgia drug offense conviction will come with its own set of penalties, depending on the severity of the crime and whether or not it was your first offense. , is a seasoned criminal defense attorney with experience on both sides of the courtroom. As previously mentioned, assault is when the aggressor attempts to cause the victim harm, and aggravated assault is when the aggressor attempts to cause the victim harm with the intent to murder, rape, or rob. 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. If you are in need of a criminal defense lawyer, contact attorney Jarrett Maillet for a consultation. As an incarcerated individual, one of the most important things you can do is stay safe while on release. This is the time you spend in jail or prison. You will have a lot of options, and its important to keep in mind that many people in the city want to help you. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? the court will impose a minimum sentence of three years in prison, depending on the victim. aggravated assault? These are places that you can go to find a criminal defense lawyer. Keep an eye out for potential threats and take appropriate action as needed. Georgia Criminal Lawyer- Should I Just Plead Guilty? The State can pursue the charges against you whether or not the alleged victim wants to cooperate. Have your criminal law firm on your side if you want to try and win in a court of law. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. 16-5-21) (2010) is classified as a felony and is defined as when a person: 1) assaults with intent to rape, murder, or to rob; 2) assaults with a deadly weapon, or with any object, device, or instrument which, when used offensively against a person, is likely to or does result in serious bodily injury; or.. rp 6. But do you know how these systems work? Joseph . face. Call today for an initial consultation! wayne joyner bmf 1; second chance animal rescue florida 1; 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. Aggravated assault is a third-degree felony. You are not in control of whether or not the state chooses to drop the assault charges. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. Four different kinds of cryptocurrencies you should know. Now you know the difference between assault and battery, as well as where the two might be confused for one another. If you've been charged with battery but never laid hands on the victim, then you and your lawyer could take that angle in your defense. Know Your Rights as an Inmate Re-Entry Program Participant Once youre released from the correctional system, its important to know about your rights as a re-entry program participant. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. can aggravated assault charges be dropped in ga. 20th or twentieth century scota daughter of zedekiah taika waititi sabrina my boyfriend isn't affectionate anymore. 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. Such crimes are filed through the government criminal case process, making it impossible to drop. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. In general, aggravated assault charges, 2C:12-1b, are difficult to drop by their very nature. 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 . The intent to murder, rape, or rob another person. 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. Don't wait until it's too late to contact the best criminal defense lawyer in your area. must involve contact or touching to be convicted of it. 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. What are the Services of a Criminal Defense Lawyer? Now you know the difference between assault and battery, as well as where the two might be confused for one another. These firms can help you get a legal case started and work with you on every level, from theory to court. 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. What About Restraining Orders? If you continue to use this site we will assume that you are happy with it. A conviction can also result in fines, probation, and even jail time. face. It is best to start with a good lawyer so you can receive the best defense possible. While this may include a verbal threat, it must involve an actual physical movement. *This information is not intended to be legal advice. The court can also order that your driver's license be suspended or revoked for up to one year. Jarrett Maillet J.D., P.C. What Matters Most in Domestic Violence Cases? Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. 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. For example, suppose you were arrested for DUI but refused breath testing by law enforcement because it felt unreasonable for them to request it. 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. Can I Get a Hardship Drivers License in Georgia? If there is, the case may be further complicated. 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. A technique of gathering evidence is to establish a "dossier" on a particular criminal suspect or defendant. As an offender, you will likely go through various courtrooms. What constitutes aggravated assault in Georgia? What Makes a Good Criminal Defense Lawyer. 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. Finding a criminal defense lawyer is not as complicated as you think. There are other factors that may elevate the possible sentence. For you to have that same opportunity, you need to know what face might show up in court on your behalf and how they can help as much as possible. Aggravated Assault Defined in Georgia. 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. could So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. No matter what the situation is, the first step after being charged is always to contact a lawyer. Copyright 2023 Canterbury Law Group. If charges aren't dropped, often times they can be reduced. A criminal defense attorney can help you prevent jail time by implementing different tactics. The American criminal justice system is based on three pillars: Prosecutors, Judges and Prisoners. 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. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. Many people make mistakes in criminal situations, and hiring a lawyer is smart. It's also essential to understand the legal process and know what you can ask for during the litigation process. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. First offenses are usually treated less severely, and sentencing may mirror that of the crime committed without any differences on account of the domestic violence component. 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. 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. The offense is committed against a teacher, student, or other school personnel. The first phase is the process of creating the application. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. It's essential to have an excellent criminal defense lawyer on your side because you may have to fight for your case. We are happy to help! As well as the type of charge, if it was possession or distribution with the intent to sell. That is when a good defense lawyer can make or break your case. Clark County prosecutors shoulder 100% of the burden of proving your guilt in assault cases. Can simple assault charges be dropped in GA? There is no recourse for victims once charges have been filed and a trial has been instituted unless they choose to be of assistance to the opposing counsel. In that case, an attorney should be able to argue this point on your behalf so that the judge does not make a decision based on this technicality alone (assuming there's no other evidence). 18 Jan 2023 21:42:26 Once you're done, they'll get right to work on building evidence for your case. Often victims want the charges to be dropped. Do you fear that this could result in jail time or large fines for you and your family? At this time, your case will be reviewed by either a grand jury or a prosecutor with jurisdiction over your case. Our lawyers provide clients with straightforward, honest assessment of their cases. Some jurisdictions have programs that provide free legal assistance to indigent persons, but do not make the services available to all people through a centralized program (e.g., on an "as needed" basis). involve contact or touching to be convicted of it. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. How Long Does It Take to Get a Criminal Defense Lawyer in Savannah, Georgia? Defendants can use their First Offender on a misdemeanor or felony. 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. They will also be able to help you with your case based on the information you provide. Stay Safe and Sound While on Release The main thing you should remember is that while your time in the Savannah jail is over, you are still subject to the rules of society. They can handle all types of cases, as well as different areas in law. Some of these include the right to housing, employment, education, public assistance, and more. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. Assault is the intentional act causing a person to fear they are about to suffer physical harm. There are also different levels of legal services. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, In Savannah, Georgia, criminal defense lawyers work hard to help people get the justice they deserve and are passionate about helping people fight to get the convictions they deserve. We'll quickly show you why we're the best criminal defense firm in the state. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. If you're looking for more of a general resource, try visiting a nearby police station or community center. 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. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. 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. What Do I Do When I Have A Warrant for my Arrest in Georgia? What About Battery? 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. 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. Attempt to strangle a person with any object, device, or instrument. They will also be flexible and willing to meet you wherever possible. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. In some countries, this is known as exclusionary rule. However, the best one for you will be the one who has experience in your case and can help you win. Most states have a "time spent in custody" (TSIC) requirement. Code Sections: Simple Assault: O.C.G.A. The jail is where you will be taking your first steps into the judicial process. 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. How Do I Get My Car Repaired After An Accident in Georgia? They can also provide alternative sentencing options for those who might otherwise face harsh penalties like prison. This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C. You can seek out the help of a criminal defense lawyer in many different places. Once it is used, it can never be used again. If so, then you need to learn all that you can about aggravated assault laws. Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions.
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