For example, if you have prior drug convictions on your record and are charged with possession with intent to distribute marijuana, then this would be considered a felony offense with serious repercussions, including up to $100K in fines and up to 25 years in prison ( GA Code Ann., 16-13-31 ). Criminal lawyers work together with other attorneys, expert witnesses and investigators in order to present a defense for the accused. Finding a criminal defense lawyer is not as complicated as you think. Some of these include the right to housing, employment, education, public assistance, and more. Most often asked questions related to bitcoin. fall under the correct definition of this crime? Any device, weapon, or instrument used against another person to cause serious bodily harm. In addition to having passed the test, you must have maintained a certain volume of cases and have won a certain number of cases. 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. That includes the loss of a limb, disfigurement, or the inability to use a limb. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. A good defense lawyer can help you get the maximum possible sentence for the charge you are facing and have the strongest case against your accuser. Jarrett Maillet J.D., P.C. Violating probation can have serious consequences that could include jail time. After your arrest, there may or may not be an indictment issued against you on the day or the next day. Oops, there was an error sending your message. They can fight back against the prosecution and work with you on your case. And if you still need help after doing all that searching, contact an attorney. A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. This can take a few months, so be patient. involve contact or touching to be convicted of it. That said, you , 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? If the bat does hit the victim, causing them harm, the incident graduates to assault and battery. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. However, in any courtroom in Texas, experience, and knowledge of how the law works, has the biggest impact. Aggravated assault laws include hefty penalties that can alter the course of a person's life. Aggravated Battery Aggravated battery is a felony in Georgia, and occurs if the offender intentionally inflicts a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement. A criminal defense attorney will make it as easy as possible for you to follow the law and be prepared for court. Yes they can be dismissed and, given the facts you have stated, they should be. An aggravated assault charge is considered a felony in Georgia. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. Jarrett Maillet J.D., P.C. There are two main components of the criminal justice system: Public safety and Jurisdiction Public safety is made up of the police force and the court system, which together work to minimize crime in society while maintaining public peace. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. What Questions Should You Ask a Criminal Defense Attorney? *This information is not intended to be legal advice. As an incarcerated individual, you probably already know that the system has particular rules and problems that can make reentry into society particularly challenging. 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. An exception to this rule would be parents of the same child. 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. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. 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. This means that if you make it difficult for law enforcement to capture or find you, they will have no choice but to use greater force. 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 . 5 Things You Should Know ABout Georgia DUI Roadblocks- Defending Georgia, Georgia Criminal Defense: When Officers Dont Read Miranda Warnings, Georgia Injury Lawyer- Injured Folks Must Tell The Truth, 5 Action That Will Protect Your Rights After Being Injured in Georgia, Repeat Dui Offenders Face Stiff Penalties In Georgia, Georgia Personal Injury Lawyer- 5 Questions to Ask Your Potential Lawyer, Georgia Criminal Lawyer- Recent Georgia Supreme Court Decision Gives Prosecutors More Power in Plea Bargaining, Georgia Car Accident Lawyer- The 3 Stages of a Georgia Car Accident Case, Georgia Personal Injury Lawyer- What You Need To Know About Depositions, Georgia Car Accident Lawyer- The 7 Most Common Injuries in Car Accidents, Georgia Car Accident Lawyer- 11 Things Not To Do After A Georgia Car Accident, Georgia Car Accident Lawyer- The Car Accident Claims Process. What Are the Consequences for Aggravated Assault in Georgia? It is important that you speak with an attorney immediately. Then, the aggressor swings a baseball bat at the victim. Get to Know Your Defense Attorney It's essential to have a good understanding of your defense attorney to plan the best criminal defense. If so, then you need to learn all that you can about aggravated assault laws. Some community colleges or law schools will have records of lawyers who practice in the area, as well as how much they charge per hour. This decision is entirely up to the lawyer responsible for the prosecution. Anyone convicted of aggravated assault could be in line for: 4. The offense takes place in a school safety zone. They can also assist you in getting a good defense if your record is clear. Aggravated Assault and Battery Penalties. Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. You can file a report with the police department or seek legal counsel. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. In addition to these organizations, consider reaching out to one of Savannahs churches. 18 Jan 2023 21:42:26 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). A good understanding of your criminal defense lawyer will help you get the best results from your time and money. What is Domestic Violence? 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. 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. 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. 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. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. The first thing is to make sure that they have a lot of experience dealing with your type of case. fight and beat the charges against you with the help of an experienced criminal defense lawyer. Your email address will not be published. People can defend themselves from the threat of or actual violence or force that could cause bodily harm or injury. Georgias Family Violence Act (O.C.G.A. 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). But what is. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. They Can Help Reduce Your Sentence A criminal defense attorney might be able to negotiate with the prosecutor to reduce your sentence if you violated your probation. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. For more information on the definition of aggravated assault under Georgia law, you can also refer to GA Code 16-5-21 (2016). 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. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner. The 3rd Mistake To Avoid With Your Car Accident Case- Recorded Statement, The 2nd Biggest Mistake You Can Make With Your Car Accident Case, The Biggest Mistake You Can Make With Your Accident Claim, Follow These Steps To Protect Your Georgia Motorcycle Accident Claim, Just Give Me A Lawyer Dog- Georgia Criminal Defense Lawyer, Georgia Injury Lawyer: Whats the Takata Airbag Recall All About. aggravated assault? 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). 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. Any excess property and funds are subject to seizure. As well as the type of charge, if it was possession or distribution with the intent to sell. Jarrett Maillet J.D., P.C. If the victim is age 65 or older, a member of the offender's family, a law enforcement officer, a public school worker, or a pregnant woman, then it will be charged as a high and aggravated misdemeanor, which carries a maximum fine of $5,000. This may sound unusual, but these places are often great sources of information about the local legal system, including those who have been incarcerated beforeand have a lot of experience with navigating it successfully. Aggravated assault generally applies to a situation where the assault included the intention to rape, rob, or . 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). Indeed, an experienced attorney can help you navigate the sometimes complicated legal system and receive the best possible outcome for your case. It takes about one to two months to get a criminal defense lawyer in Savannah, Georgia. What are the Services of a Criminal Defense Lawyer? 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. It is best to start with a good lawyer so you can receive the best defense possible. Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. 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. This is known as the "case record" requirement. Aggravated assault is a third-degree felony. While these situations do make up a large portion of domestic violence cases, they are not the only circumstances that qualify as domestic violence. Hire your Georgia criminal defense attorney and tell them your side of the story. PRIVACY POLICY | You need to provide enough information to identify that you are an appropriate client. Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. Do you fear that this could result in jail time or large fines for you and your family? JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | Can aggravated assault charges be dropped in Tennessee? The sentencing for convicted domestic abusers depends heavily on the type of abuse committed, as well as how many previous convictions the defendant has, if any. 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 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. Exception to this rule would be parents of the story 16-5-21 ( 2016 ) of or... Should you Ask a criminal defense lawyer to find out what happened in those.. Beat the charges against you with the police department or seek legal counsel deals with personal injury traffic. 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