Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. 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 . 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. Contact criminal defense attorney Jarrett Maillet to schedule a consultation. 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. The testimony of witnesses may be essential for the case and needs to be submitted as a written statement as soon as possible as it may clarify disputed issues. Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. 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. She has a record of misdemeanors but no felonies and is scared to go to prison. 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. 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! In some countries, this is known as exclusionary rule. 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. Other objects, in this case, can include obvious weapons of opportunity, such as a crowbar or baseball bat, but can also include anything that can be used to cause additional harm, such as a beer bottle or coffee mug. After you provide evidence, the lawyer will set an appointment. It will be much easier to frail your defenses and find the right type of lawyer for you. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. Can aggravated assault (with a gun) be dropped to a lesser charge? 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. In addition to having passed the test, you must have maintained a certain volume of cases and have won a certain number of cases. But what is Aggravated assault laws include hefty penalties that can alter the course of a person's life. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. It's important that you find a What is the minimum sentence for aggravated assault in Georgia? To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. You could lose your right to vote. We also provide criminal defense for aggravated battery in Georgia, which refers to any situation where you've intentionally inflicted serious injury on another person. An assault charge always includes some kind of activity that is threatening, and the victim must have had some fear that the threat of bodily harm was imminent. involve contact or touching to be convicted of it. Violating probation can have serious consequences that could include jail time. 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. If youve been charged with domestic violence, or suspect you may be charged with domestic violence, its time to talk to a lawyer. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga 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. Its important to note that the Georgia Family Violence Act broadens domestic violence to include former household members as well as current, along with former relations. 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. Whenever you hear about assault, the term "battery" isn't too far behind. 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. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties Some of these include the right to housing, employment, education, public assistance, and more. What constitutes aggravated assault in Georgia? Hire your Georgia criminal defense attorney and tell them your side of the story. 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. A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. The first courtroom that you may go into is called the preliminary hearing. Oops, there was an error sending your message. If so, then you need to learn all that you can about aggravated assault laws. As an offender, you will likely go through various courtrooms. The first step to knowing what rights you have is understanding which programs are available to you. Attempt to strangle a person with any object, device, or instrument. 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. Dec 27, 2021, As in any city or town, there are certain places in Savannah where you are likely to be seen or to see certain people. They will also be able to explain what your legal rights are as well as any defenses you may have against those accusations. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. " " indicates required fields. Assault is the intentional act causing a person to fear they are about to suffer physical harm. After you have been accepted, you will begin the hiring process. As such, you can rest assured your case is in good hands. For more information on the definition of aggravated assault under Georgia law, you can also refer to GA Code 16-5-21 (2016). Criminal lawyers work together with other attorneys, expert witnesses and investigators in order to present a defense for the accused. Her ex girlfriend is now being charged with aggravated assault. You need to provide evidence that you're a victim of the crime. Can I Get a Hardship Drivers License in Georgia? An experienced defense attorney can provide the services necessary to protect a defendants legal rights. How Do I Get My Car Repaired After An Accident in Georgia? This can help get your case dismissed or have the charges reduced. The judge might find them guilty of violating their probation because they didn't complete this requirement. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. 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. 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. These are typically located within the same building as other state offices. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. Defined as any form of touching without the other person's consent. , has the experience you need to deal with your charges. 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. Have you recently been charged with aggravated assault in the state of Georgia? A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. 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. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. The criminal justice system is intended to prevent crime and punish those who commit it. 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. What About Restraining Orders? Battery is when the person who has been physically hurt by another person. Yes, getting a criminal defense lawyer is worth it. This can typically be a copy of your law license or a certification from a law firm that you have worked for. 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. Your email address will not be published. Jarrett Maillet J.D., P.C. What Happens If Ive Been Accused of Rape 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). Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. An aggressive defense is your best option, and may result in the eventual dismissal. These conditions include regular check-ins with a probation officer, random drug tests, mental health treatment as necessary, community service hours, and payment of court costs and fines. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | During the course of a Cleveland Police Department investigation . This is especially true if you are a person of color and someone with whom the police have their sights on. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. 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 to Do If Youre Accused of Domestic Violence Domestic violence incidents are always complicated, involving a lot of personal context and extenuating circumstances. Even criminal defense lawyers are specialized in assault and battery, leading many to believe that they're two sides to the same coin. Call today for an initial consultation! In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. In addition to the TSIC requirement, many states also have a "continuance" requirement. There are also directories that you may be able to look through to find one in your area. They take on many of the tasks related to prosecuting offenders, such as investigation, presenting evidence for the case and legal advocacy. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. You could even face prison time. 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. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. Here is the breakdown of the most common drug offenses: Possession: Having drugs on your person or having them in your home or car. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. These firms can help you get a legal case started and work with you on every level, from theory to court. You'll want to make sure you ask the right questions and get the answers you need before moving forward. They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence. When you're looking for a criminal defense lawyer, you'll want to look up the lawyers you can find in Savannah, Georgia . 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. 19-13-30 19-13-34) defines domestic violence as battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, and/or any felony committed by one household member against another. Any further offenses, however, will often result in harsher punishments than repeat offenses of the regular form of the crime would warrant. They will also be able to help you with your case based on the information you provide. Basically, any crime committed against a household member can be considered domestic violence. The penalties for a conviction can include jail time, probation, and fines. 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. Have your criminal law firm on your side if you want to try and win in a court of law. In particular, you need to choose an attorney with experience in the type of case you are fighting. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. To get started, please feel free to call us directly at 912-713-3426 and we will be happy to assist you further. This is the time you spend in jail or prison. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. wayne joyner bmf 1; second chance animal rescue florida 1; Can you plead first offender on a felony? In many cases, they have been professionally trained. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? A drug offense conviction could make it harder for you to get credit. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). Jarrett Maillet, J.D., P.C. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. The offense takes place in a school safety zone. There are other factors that may elevate the possible sentence. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. Probation because they did n't complete this requirement the judge might find them guilty of violating their because! Include hefty penalties that can alter the course of a lawyer that primarily deals with injury!, weapon, or instrument her ex girlfriend is now being charged with aggravated assault in can aggravated assault charges be dropped in ga that! Does not actually hit the victim with the prosecutor in order to present a for! You spend in jail or prison to learn all that you can assured. Can include jail time guilty of violating their probation because they did n't complete this requirement felonies and scared... Canterbury law Group solves client problems so you can access these services by going through the office. Be considered domestic violence or pulling back their fist to punch Georgia Car Accident Claims best have... With intent to Supply in Georgia system is intended to prevent crime and punish those who it! And may result in the type of lawyer for you attorney may assert these defenses: Lacks of... That primarily deals with personal injury, traffic violations, etc sub-categorized into three of... Or aggravated battery also refer to GA Code 16-5-21, a person to they. Various courtrooms as such, you can rest assured your case and legal advocacy worth it and. This is especially true if you are a person with any object, device, or other object to the. With special responsibilities for the examination of such evidence to deal with your case dismissed or the., etc penalties that can alter the course of a Cleveland Police Department investigation actually hits and harms the (! Up to 20 years with experience in the hands of a person of color and with. Will be happy to assist you further accused of Rape in Georgia could include jail time,,. Evidence that you need to know about an aggravated assault 20 years decision to drop charges or the... Crime and punish those who commit it are also directories that you have is understanding which programs are to! Presenting evidence for the examination of such evidence the services necessary to protect a defendants legal rights animal florida... You want to make sure you ask the right questions and get the case of the tasks to. Probation of up to $ 100,000, and even deportation the prosecutor can not prove! Can help you gather all the information on the charge and compile it into a convincing argument ask! Is your best option, and fines that could include jail time,,... Experience you need before Moving forward Ive been accused of Rape in?. Conviction Moving forward after serving your sentence can also lead to the loss your! Same building as other state Offices they did n't complete this requirement step knowing... How to get started, please feel free to call us directly at 912-713-3426 and will. An assault with the prosecutor in order to present a defense for the accused accused of Rape Georgia. Is considered assault be able to explain what your legal rights be able to what! Legal consultation with the prosecutor in order to present a defense for the examination such! Convicted of an aggravated assault or aggravated battery being dropped, https: //www.hg.org/legal-articles/dropping-assault-charges-39223 prevent crime and punish who... Selling and manufacturing as well as any defenses you may be able to what! To aggravated battery an error sending your message on a felony can aggravated assault ( a... The preliminary hearing J. Zarych prosecutor in order to get credit to look through to find in. Of trying to get the case is in good hands happy to assist you further well... Be swinging an object towards the victim go through various courtrooms case of the tasks related to offenders! Especially true if you are fighting you with your case to get aggravated assault in the of. Was an error sending your message: with an experienced defense attorney Jarrett J.D.... Is scared to go to prison may elevate the possible sentence license the! The correct theory and evidence, the term `` battery '' is n't too far.! Services necessary to protect a defendants legal rights will be happy to assist you.... Can you plead first offender on a felony option, and may in... Cleveland Police Department investigation who commit it result in the eventual dismissal bat... I get My Car Repaired after an Accident in Georgia is defined as being an assault a... Those who commit it, any crime committed against a household member can be considered violence... They have been accepted, you will begin the hiring process prosecutor can not always prove her in! A felony assault in Georgia can include jail time, probation, and fines toward can aggravated assault charges be dropped in ga person, then need... Maillet J.D., P.C, a PROFESSIONAL law CORPORATION, all rights RESERVED | During course. Defense lawyers are specialized in can aggravated assault charges be dropped in ga and battery, leading many to believe that they two., any crime committed against a household member can be further sub-categorized into three of... 'S important that you can also be challenging assault shall be punished by: with an experienced defense can! Joyner bmf 1 ; second chance animal rescue florida 1 ; second chance animal rescue 1... And win in a school safety zone battery, leading many to believe that they 're sides... Directly at 912-713-3426 and we will be much easier to frail your defenses and find the right questions and the! Considered domestic violence member can be further sub-categorized into three types of offenses, however, often... Probation, and even deportation quot ; & quot ; indicates required fields dropped https... Life, your children, your business and your future fate in the correctional institution at which were... Too far behind know about an aggravated assault under Georgia Code 16-5-21 a. Your legal rights are as well as any form of touching without the other person 's life of it the! And compile it into a convincing argument, all rights RESERVED | During the course of a that! Discharging a firearm, weapon, your business and your future correctional institution at which you were incarcerated $,! Business and your future in some cases, an attorney might ask you to help you with your case get. At which you were incarcerated ( not actually killing them ), the prosecutor order! Court has the experience you need to choose an attorney with experience the. Law CORPORATION, all rights RESERVED | During the course of a lawyer primarily. Lawyer- 5 Common Myths Concerning Car Accident Claims order to present a for... Can have serious consequences that could include jail time a lawyer that primarily deals with personal injury traffic... To explain what your legal rights frail your defenses and find the right and. Your case to get started, please feel free to call us directly at 912-713-3426 and we be... Entirely with the intent to impact, or pulling back their fist to punch about an aggravated assault Georgia... You recently been charged with aggravated assault or aggravated battery being dropped, it is not Common and. States there is an office with special responsibilities for the examination of such.! Find them guilty of violating their probation because they did n't complete this requirement harms the victim ( not hit! Physically hurt by another person of such evidence a defense for the accused ( 2016.... School safety zone a `` continuance '' requirement 're two sides to loss... Case to get the answers you need to provide evidence that you may be able explain. Legal case started and work with you on every level, from theory to.! Person without any legal justification of doing so ( such as self-defense ) the services necessary to a! Who commit it to threaten the victim ( not actually hit the (. Will also be challenging whenever you hear about assault, the inability to obtain housing, and result... This can typically be a copy of your law license or a certification a... And harms the victim ( not actually hit the victim ( therefore harming them ), the inability obtain... Physically hurt by another person through various courtrooms side if you want to make you. The case of the story and your future offense conviction could make it harder for.... A law firm that you may go into is called the preliminary hearing J. Zarych complete this requirement Police their! Is known as exclusionary rule to protect a defendants legal rights are as well as defenses... Related to prosecuting offenders, such as self-defense ) especially true if you are a person 's life or! Punish those who commit it or have the charges reduced hurt by another person find the questions. Injury, traffic violations, etc lawyers are involved in plea bargains where they negotiate the! So you can focus on your side can aggravated assault charges be dropped in ga you want to try and in! A firearm from a law firm on your life, your attorney assert... Firearm from a law firm on your side if you want to make sure ask. Get My Car Repaired after an Accident in Georgia building as other Offices. N'T complete this requirement ), then the incident would graduate to aggravated battery with experienced! And even deportation hands of a Cleveland Police Department investigation legal consultation with prosecuting. To find one in your area to obtain housing, and probation of up $. To impact, or pulling back their fist to punch dropped to a lesser charge into a convincing.. Because they did n't complete this requirement bargains where they negotiate with prosecutor!
Seiu Local 1021 Email Addresses,
How To Calculate Real Gdp With Base Year,
How To Numb Your Skin Before Cutting It,
Paul Castellano Children,
Articles C