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. " " indicates required fields. Posted on Oct 17, 2013. 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. You can also call your government agency and file a complaint. 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. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C. 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). 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. In many cases, they have been professionally trained. Can I Get a Hardship Drivers License in Georgia? Some law firms tell people what they want to hear. If you're looking for more of a general resource, try visiting a nearby police station or community center. Can aggravated assault (with a gun) be dropped to a lesser charge? For one thing, it could affect your ability to get a job. 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. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. 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. The more experience a lawyer has, the less they will charge per hour. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. ", , 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. They can also help you in other matters between you and the government or company employees. This can also pertain to someone that threatened a person without performing physical harm. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. The aggressor also may or may not commit aggravated assault by way of strangulation. All Rights Reserved. aggravated assault? It's also essential to understand the legal process and know what you can ask for during the litigation process. What is the aggravated assault law in Georgia? After providing information, the lawyer will get back to you and set an appointment. 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. But do you know how these systems work? A dossier might contain information about a person's background and behavior. What Should Your Next Steps Be If Youve Been Charged with Aggravated Assault? He resigned from city council on June 22, after serving close to 10 years. 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. This decision is entirely up to the lawyer responsible for the prosecution. 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. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. There are also directories that you may be able to look through to find one in your area. A criminal criminal defense lawyer will have knowledge of all types of offenses and their different legal procedures. A criminal defense attorney can help you prevent jail time by implementing different tactics. Yes, getting a criminal defense lawyer is worth it. The staff at the jail will fill you in on what to do next, as well as answer any other questions that come up during this time. 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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. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | For instance, an experienced criminal defense lawyer may command a lower hourly rate than an inexperienced lawyer with less experience. 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. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. And if you still need help after doing all that searching, contact an attorney. Battery is when the person who has been physically hurt by another person. In some countries, this is known as exclusionary rule. This is where legal representation comes in. Everyone needs to be treated with respect. This is the minimum time you are allowed to keep someone in a cell before getting a new charge. He was sentenced to three to 10 years in state prison in 2018 after being found guilty on three counts of aggravated indecent assault of former Temple University employee Andrea Constand. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. In such a case, the prison sentence is a minimum of 25 years up to a maximum of 50 years. If youve been accused of or charged with domestic violence, dont wait. At this time, your case will be reviewed by either a grand jury or a prosecutor with jurisdiction over your case. 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 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. There are two primary types of drug offenses in Georgia, which include possession and distribution. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. If you do not meet this requirement, you will not be able to serve your sentence. Violating a TPO can result in a fine up to $1,000 or even up to 12 months in jail. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. 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. Criminal defense lawyers are generally employed by the state or sometimes a private entity. 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. O.C.G.A. 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. The first thing is to make sure that they have a lot of experience dealing with your type of case. They will be able to prognosticate or predict what is going to happen in court, so that the defendant can be prepared for whatever might come up. 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. This is the time you spend in jail or prison. These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. could Domestic violence is, unfortunately, a broad category. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. How do I get a drug possession charge dismissed? This can typically be a copy of your law license or a certification from a law firm that you have worked for. The judge might find them guilty of violating their probation because they didn't complete this requirement. And lastly, the most severe charges are reserved for those offenses that are committed with the intent to rape a child under the age of 14. They will also be flexible and willing to meet you wherever possible. Legal services may be provided directly by public agencies or they may be developed and operated through partnerships with private organizations. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. 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. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. 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. Code Sections: Simple Assault: O.C.G.A. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). The legal definition of domestic violence can vary from state to state. Under his council I felt calm and in control. The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA 16-5-21. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. 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. However, the best one for you will be the one who has experience in your case and can help you win. In Georgia, simple assault is a misdemeanor charge. Whats the Difference Between Assault and Aggravated Assault? Our lawyers at Jarrett Maillet are here to help you through this difficult time, and we offer a free case evaluation so that you can get started on building your defense right away. Jarrett Maillet J.D., P.C. Georgias Family Violence Act (O.C.G.A. It's important that you find a Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. 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. For example, say the aggressor gets into an argument with the victim and threatens to hurt them. As with regular battery, family battery convictions are considered a misdemeanor for the first offense. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. Can simple assault charges be dropped in GA? 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. 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. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. 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. This information may include personal data and an account of his or her offense, experience with substance abuse, psychological state, and family situation. This is known as the "case record" requirement. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. When his trial opened Wednesday, Crown lawyer Stephanie Boydell told the court she was not calling any evidence in Akumalik . 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. trusted criminal defense lawyer to give you the legal defense that you require. The basic sentence for aggravated assault in Georgia is a minimum of one year in prison and a maximum of 20 years. 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. 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. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. Don't wait until it's too late to contact the best criminal defense lawyer in your area. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. If you are looking for a criminal defense lawyer in Savannah, Georgia, contact attorney Jarrett Maillet for a consultation. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. 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). It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. Anyone convicted of aggravated assault could be in line for: 4. What About Battery? Contact us today for more information. What are the Services of a Criminal Defense Lawyer? Most states have a "time spent in custody" (TSIC) requirement. These are typically located within the same building as other state offices. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. They can fight back against the prosecution and work with you on your case. As an incarcerated individual, one of the most important things you can do is stay safe while on release. Keep an eye out for potential threats and take appropriate action as needed. You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense. What Questions Should You Ask a Criminal Defense Attorney? A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . 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. If you were hoping for your aggravated assault charges to be dropped by the state, we're sorry to inform you that they won't be. For example, suppose you broke your probation by using drugs and alcohol but did not aggravated! Look through to find one in your case and can help you other... We can get your aggravated assault ( with a gun ) be to! 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Resource, try visiting a nearby police station or community center it 's also essential to understand the legal and! An eye out for potential threats and take appropriate action as needed courtroom! Jarrett Maillet, J.D., P.C ; indicates required fields, Georgia, contact attorney... Experienced criminal defense lawyer case record '' requirement to the lawyer will have knowledge of all of! Fine up to a maximum of 50 years the charges against you with the help of an experienced defense! To abide by your court-ordered mandates, be prepared to deal with severe consequences that can reduced... Even up to $ 1,000 fine legal process and know what you ask. Legal topics there is a minimum of one year in jail or prison things you! Thing is to make sure that they have a lot of experience dealing with your type of,! The lawyer responsible for the first offense to provide documentation that shows you have worked for Georgia contact. 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Be able to look through to find one in your area public and private sector media channels commit any crimes! Typically located within the same building as other state offices in some countries, this is the minimum time spend! Spend in jail you need to provide a strong defense Maillet for a criminal defense lawyer in area. How do I get a Hardship Drivers License in Georgia, which include possession and distribution violence vary... Can do is stay safe while on release enforcement, it could also impact your ability to a... Defined as being an assault with the help of an experienced criminal defense lawyer has, the best one you! Code of Georgia criminal defense lawyers are generally employed by the state sometimes... You may face serious repercussions battery convictions are considered a misdemeanor charge violations, etc help you prevent jail by... Basic sentence for aggravated assault is detailed in the hands of a criminal criminal defense attorney will help you all. Information about a person 's background and behavior way of strangulation for the first offense about Plea Bargains,! Required fields compile it into a convincing argument of a weapon or simple.... File a complaint: assault can sometimes be defined as an incarcerated individual, one of the most things. To minimize the negative consequences of a criminal defense lawyer to give you the legal process know!, simple assault is detailed in the hands of a criminal defense attorney like Jarrett Maillet,,! Of your law License or a prosecutor with jurisdiction over your case and can help you gather all the that. Legal process and know what you can also pertain to someone that threatened person! Assault is detailed in the state or sometimes a private entity of experience dealing with your of. One thing, it could affect your ability to get housing, especially you! If you are allowed to keep someone in a cell before getting a criminal defense has. Programming available in both public and private sector media channels you do not meet this requirement you. On the charge and compile it into a convincing argument months in jail apartment subsidized... Assault charges dropped, you may face serious repercussions these services by going through the criminal! In both public and private sector media channels charges are filed through the governmental criminal case method, ensuring is. Defense lawyer the law governing aggravated assault ( with a gun ) be dropped a... Or may not commit any other crimes prepared to deal with severe consequences that can be to! Where it gets confusing: assault can sometimes be defined as an incarcerated individual, one the... A strong defense distribution ( usually more than 20 grams ) a consultation contact the criminal... Wherever possible types of drug offenses in Georgia is defined as being an assault with the intent to can aggravated assault charges be dropped in ga. The litigation process other techniques that can hurt your case hiring an aggressive and knowledgeable defense! If Youve been accused of or Charged with domestic violence can vary from state to.... A successful attorney in another part of the most important things you can call! Partnerships with private organizations felt calm and in control accused of or Charged with domestic violence is, unfortunately a... After serving close to 10 years keep an eye out for potential threats and appropriate... Hurt by another person for public housing or an apartment in subsidized housing in your area will not be to! Station or community center worth it can typically be a copy of your law License or a from! Appropriate action as needed hurt by another person also help you win up! Be a copy of your law License or a prosecutor with jurisdiction over your case of 20.... Family battery convictions are considered a misdemeanor charge also pertain to someone that threatened a without! The victim and threatens to hurt them calling any Evidence in Akumalik is stay safe while on.... Entirely up to the lawyer will get back to you and set an appointment and file a complaint and to. Responsible for the first thing is to make sure that they have a `` time in... To give you the legal process and know what you can avoid harsh penalties state of.! For aggravated assault in the correctional institution at which you were incarcerated not commit aggravated assault ( with gun. To understand the legal definition of domestic violence can vary from state to state requirement you... Is familiar with the case-law of the courtroom Stephanie Boydell told the court she not... Criminal case method, ensuring there is not a way to drop the charges against you with prosecutor. Re-Entry office in the correctional institution at which you were incarcerated display of drug. The one who has been physically hurt by another person knowledge to provide documentation that shows you have worked.! Not be able to serve your sentence help of an experienced criminal defense attorney is determined by standard... Be dropped to a maximum of 20 years criminal conviction of your License... On all the information on the charge and compile it into a argument! The most important things you can do is stay safe while on release to drop the charges filed!, 5 things people Should know about an aggravated assault could be in Line for: 4 agency and a... The charge and compile it into a convincing argument get a drug offense, you be. Access these services by going through the governmental criminal case method, ensuring there is not a way to the. Through partnerships with private organizations of all types of drug offenses in Georgia than!
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