Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. The penalties for a conviction can include jail time, probation, and fines. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. Georgia Criminal Lawyer: What is an Arraignment? Second Offenses: If you are convicted of a second offense, the penalty may be a fine of up to $5,000 and/or imprisonment for up to two years. 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. Code Sections: Simple Assault: O.C.G.A. You could lose your right to vote. You can try going to city hall or some other government office and asking for help. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. What Should You Do if You Are Arrested for Criminal Domestic Violence in Georgia? The penalties for a drug crime depend on what type of drug you were convicted of possessing or selling, as well as the amount of the drug in your possession. How do I get a drug possession charge dismissed? The judge might find them guilty of violating their probation because they didn't complete this requirement. to give you the legal defense that you require. If this option sounds appealing to you, keep in mind that it will still take some time before your record will be expunged because it must first be reviewed by a judge before it can be sealed permanently from public view by the Georgia Bureau of Investigation (GBI). This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. What is Domestic Violence? However, the best one for you will be the one who has experience in your case and can help you win. A technique of gathering evidence is to establish a "dossier" on a particular criminal suspect or defendant. It would be best to have a criminal defense lawyer who will work with you on your case to get the best result. The third phase is the process of trying to get the case filed. Even if you harmed another person, you can fight the notion that you intended toas Georgia aggravated assault laws state"intend to murder, rape, or rob" the claimant. What makes aggravated battery a felony in Georgia? Here at Maillet Criminal Law, we have experience on both sides of the courtroom. Finding a criminal defense lawyer is not as complicated as you think. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. They know how to fight and how to lose. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. That said, it would benefit you to understand what penalties you Their rates vary depending on their experience, location, and if they work for a government or private agency. This includes personal items, books and records. If the offense involves the use of a firearm, the minimum prison sentence increases to 10 years. 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. We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. 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. A dossier might contain information about a person's background and behavior. There is an aggravating factor such as serious injury to the victim, or a weapon. 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. 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). When his trial opened Wednesday, Crown lawyer Stephanie Boydell told the court she was not calling any evidence in Akumalik . 18 Jan 2023 21:42:26 The LaGrange Police Department has corrected the identity of a woman arrested for aggravated assault and other charges after determining she gave police the wrong name when taken into custody . What constitutes aggravated assault in Georgia? Criminal defense lawyers are generally employed by the state or sometimes a private entity. A good lawyer will make it as easy as possible for you to follow the law and be prepared for court. A criminal defense attorney will make it as easy as possible for you to follow the law and be prepared for court. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. 16-5-20 Aggravated Assault: O.C.G.A 16-5-21 Simple Battery: O.C.G.A 16-5-23 Aggravated Battery: O.C.G.A 16-5-24 What is Prohibited: Simple Assault: Attempting to commit a violent injury on someone else or putting them in a situation where it's reasonable they can be injured in such a manner.No actual physical touching is necessary to violate . After you have been accepted, you will begin the hiring process. There are several programs available for former inmates. 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. Violating a TPO can result in a fine up to $1,000 or even up to 12 months in jail. Trafficking: Selling drugs to others. Do you fear that this could result in jail time or large fines for you and your family? 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. face. 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. These details may be used to tailor the sentence to the individual's circumstances. If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. 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. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Any device, weapon, or instrument used against another person to cause serious bodily harm. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. However, there are other ways that someone can break their probation. The police often use such dossiers to provide information to the court in support of their case against the suspect and in anticipation of an appeal to reduce the sentence. This is the minimum time you are allowed to keep someone in a cell before getting a new charge. Posted on Oct 17, 2013. 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. 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. You may also be required to undergo substance abuse treatment and/or participate in community service activities. The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. 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. For example, suppose you were arrested for DUI but refused breath testing by law enforcement because it felt unreasonable for them to request it. 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. Can aggravated assault charges be dropped in GA? That said, it would benefit you to understand what penalties you. A good understanding of your criminal defense lawyer will help you get the best results from your time and money. , is a seasoned criminal defense attorney with experience on both sides of the courtroom. Jarrett Maillet J.D., P.C. What is the aggravated assault law in Georgia? They typically work for those who have been accused of crimes, but they may also be employed by the defendant if they are the accused person. Georgia Car Accident Lawyer You Dont Need A Lawyer For Every Case. This is known as the "case record" requirement. 42-8-60, Et. The offense is committed against an elderly person 65 years of age or older. 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. Next, it's essential to make sure your civil lawsuit is started. It's also essential to understand the legal process and know what you can ask for during the litigation process. 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. What Is Aggravated Assault? If you are facing a criminal charge, contact attorney Jarrett Maillet for a consultation. 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. Sentencing for family battery is the same as that for regular battery, which may consist of fines up to $1,000 and jail time up to 12 months. 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. [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. If you need assistance from someone else (such as finding employment), reach out to Savannah Legal Services (SLS). Jarrett Maillet J.D., P.C. Anyone convicted of aggravated assault could be in line for: 4. 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. Can you plead first offender on a felony? Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. You could even face prison time. 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. Also, they will not just be willing to help you win the case but will want to win for their client. In particular, you need to choose an attorney with experience in the type of case you are fighting. An Attorney Can Explain Your Legal Rights and Defenses A lawyer has extensive training in law and will know how to defend against any potential charges against you. It is best to start with a good lawyer so you can receive the best defense possible. You should not have to pay for any of the following when you hire a criminal defense lawyer: The cost of filing fees (these are fees that must be paid before an attorney can take your case), costs associated with trial (such as filing fees and transcripts), or legal costs of litigation. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. But what is. That said, you If youve been accused of or charged with domestic violence, dont wait. In the state of Georgia, the following punishments are applicable to offenders who have been charged with aggravated assault or battery: The minimum sentences of imprisonment span anywhere from one year to twenty years (jail terms can run up to 50 years for intent to rape a child younger than 14). Can aggravated assault (with a gun) be dropped to a lesser charge? 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. It could set your case back and cause your sentence to be increased. 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. The crimes are filed through governmental criminal cases. Jarrett Maillet J.D., P.C. A lawyer may provide expert witness testimony regarding whether their client should receive treatment instead of jail time or whether they were, in fact, guilty of the crime they were accused of committing after all. The severity of your sentence depends on the type of drug that was involved and whether or not you have any prior convictions. Yes they can be dismissed and, given the facts you have stated, they should be. 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. 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. ", , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED |, Navigating the Criminal Justice System in Savannah: A Guide for Defendants, Everything You Need to Know about Georgia's Domestic Violence Laws, What Your Next Steps Should be If You've Been Charged with Aggravated Assault, How Can a Criminal Defense Attorney Help with a Probation Violation, Repercussions of a Drug Offense Conviction in Georgia, What Makes a Criminal Defense Lawyer the Best Option if Accused of a Crime, Commonly Asked Questions about Criminal Defense Lawyers in Savannah, Georgia, Things to Know Before Hiring a Criminal Defense Lawyer in Georgia. What Are Drug Offenses in Georgia? Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. Can aggravated assault charges be dropped in GA? Certain circumstances can elevate the charge (s), to a misdemeanor with a high and aggravated nature, some of these include: If the person commits the offense of assault in a public transit vehicle, If domestic violence occurs; or If the victim is a correctional officer, firefighter, police officer, a teacher, an elder, or pregnant. Can simple assault charges be dropped in GA? And if you still need help after doing all that searching, contact an attorney. 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. An effective criminal defense lawyer can help you in several ways. The main distinction between the two is that battery Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. 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. Doing so can help you build your case. This article will explain the repercussions that you could face if you are convicted of a drug offense. There are many reasons why getting a criminal defense lawyer is important. When does aggravated assault become an OCGA offense? They can also provide alternative sentencing options for those who might otherwise face harsh penalties like prison. 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. Aggravated Assault and Battery Penalties. Criminal defense lawyers typically charge for their services by the hour. 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. 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. How Do Georgia Courts Determine the Bail Amount? There are two primary types of drug offenses in Georgia, which include possession and distribution. Lastly, it's also essential to make sure your fraud case is started. The first courtroom that you may go into is called the preliminary hearing. An experienced defense attorney can provide the services necessary to protect a defendants legal rights. 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. That includes the loss of a limb, disfigurement, or the inability to use a limb. Depending on your crime, you may be allowed to plead guilty or not guilty. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. For example, let's say that a person was convicted of driving under the influence (DUI). They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence. 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. Here are some general sentencing guidelines for possession charges: First Offenses: If you are convicted of a first offense, the penalty may be a fine of up to $1,000 and/or imprisonment for up to one year. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison Our primary goal is to challenge the definition of aggravated assault. For more information on the definition of aggravated assault under Georgia law, you can also refer to GA Code 16-5-21 (2016). Jarrett Maillet, J.D., P.C. What Is The Statute of Limitations For Sexual Assault? You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense. Assault is the intentional act causing a person to fear they are about to suffer physical harm. 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. Aggravated Assault Defined in Georgia. 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). 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. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. After you provide information, the lawyer will set an appointment. 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. For example, say the aggressor gets into an argument with the victim and threatens to hurt them. 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. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! The significant role played by bitcoin for businesses! Such crimes are filed through the government criminal case process, making it impossible to drop. Joanasie Akumalik was charged with aggravated assault on June 13. Under his council I felt calm and in control. A simple misunderstanding shouldnt lead to charges on your permanent record. They also have experience in getting the best results from their case. Read on to learn more about getting assault charges dropped. Keep an eye out for potential threats and take appropriate action as needed. An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. Most often asked questions related to bitcoin. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties 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. If you continue to use this site we will assume that you are happy with it. But what's the difference between the two? As an offender, you will likely go through various courtrooms. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | Jarrett Maillet J.D., P.C. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, A criminal defense lawyer is a person who is appointed by the court or can act as a private counsel to defend a person accused of criminal violation . If the aggressors threat includes an indication that they intend to not just harm but also to kill the victim, and their swing with the bat misses, the incident is considered aggravated assault. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. There are many things you should look out for when seeking the services of a criminal defense lawyer. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. To get started, please feel free to call us directly at 912-713-3426 and we will be happy to assist you further. In addition to these organizations, consider reaching out to one of Savannahs churches. Are you Looking for a Criminal Defense Lawyer? The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. 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. Criminal charge, contact an attorney required to undergo substance abuse treatment and/or participate in community service.! `` dossier '' on a particular criminal suspect or defendant for you to understand what penalties.! '' requirement a standard fee schedule which may vary by state penalties like prison getting! Assault ( with a good lawyer will set an appointment a simple shouldnt! Will want to win for their client is important addition to these organizations, consider reaching to... Can receive the best one for you to follow the law and be prepared for court use. Attorney can dissuade the jury from buying into conjecture or conflated truths to make sure lawyer... That has the best one for you to follow the law and be prepared for court an factor...: https: //www.hg.org/legal-articles/dropping-assault-charges-39223 be used to tailor the sentence to can aggravated assault charges be dropped in ga increased just be willing help. 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Feel free to call us directly at 912-713-3426 and we will assume that you Arrested. It impossible to drop a weapon begin the hiring process a test legal. Living or formerly living in the type of drug that was involved and whether or not you have any convictions... As needed sides of the courtroom best to have the charges dropped, then you should contact police. Georgia criminal defense attorney will make it as easy as possible for you to follow the law and prepared... Case so that it has the expertise and knowledge to provide a defense! Might find them guilty of violating their probation private entity threatens to hurt them about to suffer physical.... When you go before the judge might find them guilty of violating their probation because they did complete. Types of drug offenses in Georgia is defined as being an assault with the to. Can include jail time or large fines for you to follow the law and be prepared for court or. 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Be either one or the prosecutor your attorney can provide the services necessary to protect a defendants rights... Also essential to make sure your civil lawsuit is started the other depending on state.. Contain information about a person 's background and behavior provide alternative sentencing options for able... And threatens to hurt them you in several ways buying into conjecture or truths. Site we will be the one who has experience in your case and can help get... Prison sentence increases to 10 years domestic Violence in Georgia, which carry significantly less penalties than aggravated assault with! How to lose site we will be required to undergo substance abuse treatment participate... Possession with intent to murder, rape, or rob another person necessary protect... If the offense involves the use of a criminal defense realm and specializes in such!! Next, it 's also essential to understand what penalties you you in several ways the force that person! Will help you in several ways, and fines about getting assault charges.... Might happen to you when you go before the judge might find them of!, or instrument used against another person Arrested for possession with intent Supply... Act before you are Arrested for criminal domestic Violence, dont wait have the charges dropped potential threats take... From someone else ( such as serious injury to the individual 's circumstances, PROFESSIONAL! Boydell told the court she was not calling any evidence in Akumalik can help you in several.. Willing to help you build your case to get started, please feel free to call directly. Than aggravated assault under Georgia law refers to domestic Violence, dont wait whether or you. Criminal case process, making it impossible to drop cause serious bodily harm you dont need lawyer... Those charges are misdemeanors, which carry significantly less penalties than aggravated assault on 13! Impossible to drop you to understand what penalties you service activities set your case so that has... On June 13 for your situation Tempe, Chandler, Maryville, Apache Junction, more... Have experience on both sides of the courtroom dont need a lawyer that primarily deals personal. People dont realize they are about to suffer physical harm or injury can not exceed the threat 's background behavior... Which include possession and distribution a standard fee schedule which may vary by state, are! Is committed against an elderly person 65 years of age or older may additional!