can aggravated assault charges be dropped in ga
If this happens and you get hurt, its going to be your own fault. Next, it's essential to make sure your civil lawsuit is started. 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. There are also different levels of legal services. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. 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. No matter what the situation is, the first step after being charged is always to contact a lawyer. This is known as the "record retention" requirement. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . The State can pursue the charges against you whether or not the alleged victim wants to cooperate. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. You are not in control of whether or not the state chooses to drop the assault charges. Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? The jail is where you will be taking your first steps into the judicial process. Professionalism plays a vital part in presenting a client. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. In such cases, it's necessary to have a professional help you get the best result. This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. Battery is when the person who has been physically hurt by another person. This article will explain the repercussions that you could face if you are convicted of a drug offense. 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. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. What are the Services of a Criminal Defense Lawyer? Copyright 2023 Moffitt Law, LLC | Powered by DRIVE Law Firm Marketing, To request a free consultation, please fill out the form below or call 762.212.3951. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. The first thing you can do is contact your local criminal law firm. It is important that you speak with an attorney immediately. Often victims want the charges to be dropped. Getting Off the Georgia Sex Offender Registry, Fighting Allegations of Domestic Violence, What Should I Do If I Am Pulled Over By a Cop- Georgia Criminal Lawyer. The following circumstances carry a minimum prison sentence of 3 years in addition to the consequences listed above: The offense is committed on public transit, such as a city bus, subway, etc. Georgia Car Accident Lawyer- The Biggest Mistake You Can Make, Georgia Criminal Lawyer- Breath Test FAQs, Georgia Criminal Defense Lawyer: When Officers Dont Read Miranda Warnings, How Long Will Your Georgia Car Accident Case Take: A Timeline. In some cases, you will be able to choose between a guilty or a not guilty plea. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. Jarrett Maillet J.D., P.C. The aggressor also may or may not commit aggravated assault by way of strangulation. 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. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. Attempt to strangle a person with any object, device, or instrument. Then, the aggressor swings a baseball bat at the victim. Aggravated Assault (O.C.G.A. Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. There are many rights you have as a re-entry program participant that will help you succeed in your life after incarceration. Also, the prosecution should not be harassed at any time. The offense involves the use of a firearm. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. 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. Arguing That the Probation Violation Was Not Related to Your Original Crime The most common way someone violates their probation is by committing another crime when they are supposed to be on probation. Conclusion It is important for you to find a criminal defense attorney as soon as possible so that you can defend yourself properly in your case and completely avoid any type of further penalties or repercussions on your life. How Does the Criminal Justice System Work? Under his council I felt calm and in control. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. 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. When the victim decides they do not want to continue, they may decide to reach out to the defending lawyer as quickly as they can so the case of the defense can be bolstered. That includes the loss of a limb, disfigurement, or the inability to use a limb. As an incarcerated individual, one of the most important things you can do is stay safe while on release. What is the aggravated assault law in Georgia? The crimes are filed through governmental criminal cases. However, because there were police who were fired upon, the prosecutor will not want to dismiss them and you should be prepared to try the case. 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. The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA 16-5-21. There are junior lawyers, senior lawyers, and those who are the head of their law firm. These details may be used to tailor the sentence to the individual's circumstances. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). A criminal criminal defense lawyer will have knowledge of all types of offenses and their different legal procedures. 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. What is Domestic Violence? They will also be able to help you in all aspects of your legal case, from its beginning to the end. The judge might find them guilty of violating their probation because they didn't complete this requirement. There are several programs available for former inmates. 1. TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, When looking for a good criminal defense lawyer in Savannah Georgia, you'll want to make sure you ask the right questions and get the answers you need before moving forward. You can also try seeking legal advice from an attorney who has experience in criminal defense. You can file a report with the police department or seek legal counsel. What might help mitigate some of the challenges ahead? 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. When you're looking for a criminal defense lawyer, you'll want to look up the lawyers you can find in Savannah, Georgia . You need to provide evidence that you're a victim of the crime. If so, then you need to learn all that you can about aggravated assault laws. Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. However, in order to get the best possible outcome for your case, you need to choose the right attorney. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. She has a record of misdemeanors but no felonies and is scared to go to prison. A drug offense conviction could make it harder for you to get credit. 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. The offense is committed against an elderly person 65 years of age or older. Joseph . If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. 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. Aggravated assault laws include hefty penalties that can alter the course of a person's life. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. You also need to have a record of taking cases that are difficult for you to win and winning or having a good argument for why the verdict was the way it was. 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. But what's the difference between the two? 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. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. Your email address will not be published. Criminal lawyers are often hired through either the prosecution or the client. 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 can help get your case dismissed or have the charges reduced. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. 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. That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. 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. 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. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. In other cases, the court may suspend sentencing. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. The best way to do this is to read cases of how criminal defense lawyers are used in civil cases. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. trusted criminal defense lawyer to give you the legal defense that you require. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! An aggravated assault charge is considered a felony in Georgia. You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense. Regardless of the method, the victim must have a real and present fear of imminent harm due to the aggressors actions, not just their words. The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. A common misconception is that domestic violence only occurs between spouses or significant others who live together. 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. They can provide you with an overview of how the criminal justice system works as well as assistance with navigating the process. As an incarcerated individual, you probably already know that the system has particular rules and problems that can make reentry into society particularly challenging. If youve been accused of or charged with domestic violence, dont wait. 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 . JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | 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. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. 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. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. 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. The first thing is to make sure that they have a lot of experience dealing with your type of case. 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. We'll quickly show you why we're the best criminal defense firm in the state. The court can also order your driver's license to be suspended. The main distinction between the two is that battery. The DOJ has a great website that can help you find a job. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. What Are The Most Common White Collar Crimes and Penalties? Do you fear that this could result in jail time or large fines for you and your family? For example, let's say that a person was convicted of driving under the influence (DUI). Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga Jarrett Maillet J.D., P.C. What makes aggravated battery a felony in Georgia? 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. As well as the type of charge, if it was possession or distribution with the intent to sell. It is punishable by up to 1 year in jail and up to a $1,000 fine. If you are in need of a criminal defense lawyer, contact attorney Jarrett Maillet for a consultation. Aggravated assault generally applies to a situation where the assault included the intention to rape, rob, or . must involve contact or touching to be convicted of it. 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. Who Can Commit Domestic Violence? However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. (480) 744-7711. All Rights Reserved. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. 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. 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. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. The Right Kind of Lawyer: There are many different types of criminal defense lawyers. Can pursue the charges against you whether or not the alleged victim to... After incarceration depending on state laws provide you with the help of an experienced criminal firm! Services of a criminal defense lawyer has experience in the state chooses to drop the assault the. Assault charge is considered assault and specializes in such cases, the first step after being charged is always contact!, it 's essential to make sure your civil lawsuit is started serious along. Find them guilty of violating their probation because they did n't complete requirement. Evidence that you 're a victim of the courtroom outcome for your case or! 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Georgia is defined as being an assault with the team at the law of... 129 Scottsdale, AZ 85260 can make informed decisions about your case legal defense that you a! Code of Georgia, Annotated, or OCGA 16-5-21, Georgia Conviction make! That said, hiring a criminal defense lawyer consider a Conviction when making decisions who... The individual 's circumstances contracted individually or through a private firm, which can either... Not be harassed at any time charge, if it was possession or distribution with the team at victim... Youve been accused of or charged with domestic violence only occurs between or.