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. We've helped many Savannah residents in your situation, and are happy to do the same for you. Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. 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. Call today for an initial consultation! In many cases, they have been professionally trained. This can help get your case dismissed or have the charges reduced. O.C.G.A. If youve been charged with aggravated assault in Savannah or the surrounding area, contact us today for a consultation. What Questions Should You Ask a Criminal Defense Attorney? 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. It's also essential to understand the legal process and know what you can ask for during the litigation process. 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. A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, As the saying goes, justice delayed is justice denied. " " indicates required fields. The jail is where you will be taking your first steps into the judicial process. Drug offenses can include possession of marijuana, cocaine, methamphetamine, heroin, or possession of prescription drugs like Oxycodone and Hydrocodone, as well as other controlled substances like cocaine hydrochloride (crack) and amphetamine sulfate (speed). What is the Criminal Justice System? 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. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. In such cases, it's necessary to have a professional help you get the best result. Trafficking: Selling drugs to others. National Criminal Defense College Qualification Requirements In order to qualify for a college certificate, you must have passed an entrance test and have been practicing law for a minimum of two years. Is it Worth Getting a Criminal Defense Lawyer? The court can also order your driver's license to be suspended. Our primary goal is to challenge the definition of aggravated assault. They can fight back against the prosecution and work with you on your case. Such crimes are filed through the government criminal case process, making it impossible to drop. 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. The offense is committed against a teacher, student, or other school personnel. But do you know how these systems work? There are many rights you have as a re-entry program participant that will help you succeed in your life after incarceration. 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. In most cases, there will also be a bail hearing where bail is set and/or conditions are set on your release from custody. Posted on Oct 17, 2013. Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense. As such, you can rest assured your case is in good hands. 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. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. Attempt to strangle a person with any object, device, or instrument. You can try going to city hall or some other government office and asking for help. You need to provide enough information to identify that you are an appropriate client. 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. Defined as any form of touching without the other person's consent. Suppose the assault was taken in defense of one's property. This is known as the "case record" requirement. In the case of abuse of a minor, a parent or other legal guardian may file such a petition on behalf of the minor. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. Assault is the intentional act causing a person to fear they are about to suffer physical harm. , has the experience you need to deal with your charges. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Choose the Right Defense Attorney Once you have identified the type of case you are interested in fighting and have chosen the right attorney, the rest is up to him or her. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. We educate clients about their legal options and advise them on the path we think is best. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. Other Schedule 1 substances may include: LSD (Lysergic acid diethylamide) Mescaline (Peyote) MDMA (3,4-methylenedioxymethamphetamine or ecstasy) GHB (gamma-hydroxybutyric acid) Ecstasy (MDMA or 3,4-Methylenedioxymethamphetamine) Psilocybin ("magic mushrooms") Methaqualone (Quaalude) Khat (Cathinone, Cathine) Repercussions of a Drug Offense Conviction The repercussions of a drug offense conviction in Georgia are severe. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. At this time, your case will be reviewed by either a grand jury or a prosecutor with jurisdiction over your case. If the accused is guilty of committing an aggravated assault or battery on Public transit property or in a public transit vehicle, or, Against certain victims named in the statute such as a family member, intimate partner, person 65 years or older, a law enforcement officer, or a corrections officer, then. 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. You could even face prison time. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. The court can also order that your driver's license be suspended or revoked for up to two years. You need to provide evidence that you're a victim of the crime. 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. 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. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. They should have experience in criminal legal proceedings and be able to help you win the case. 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). How Long Does It Take to Get a Criminal Defense Lawyer in Savannah, Georgia? TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. First and foremost is the sentence you receivea drug conviction can lead to jail time, probation, fines, or other penalties. Now that you have seen an in-depth guide on the many things you need to know about aggravated assault laws in the state of Georgia, be sure to use this information wisely. It could set your case back and cause your sentence to be increased. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. The offense also qualifies as domestic violence. What Are Drug Offenses in Georgia? Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. 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. What Are the Consequences for Aggravated Assault in Georgia? The Right Kind of Lawyer: There are many different types of criminal defense lawyers. 42-8-60, Et. 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. Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. Also, the prosecution should not be harassed at any time. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. A simple misunderstanding shouldnt lead to charges on your permanent record. The first thing you can do is contact your local criminal law firm. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. Criminal defense lawyers are generally employed by the state or sometimes a private entity. It is very common for alleged victims in family violence or domestic dispute cases to ask the State to dismiss the charges, but it is ultimately the decision of the prosecutor whether or not to do . These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. NO. 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. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. Canterbury Law Groupscriminal defense lawyersinPhoenixandScottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. If there is, the case may be further complicated. An exception to this rule would be parents of the same child. This can take a few months, so be patient. You should also make sure that they have been professionally trained and are up-to-date with criminal litigation. What Should Your Next Steps Be If Youve Been Charged with Aggravated Assault? Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. It is best to start with a good lawyer so you can receive the best defense possible. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? In addition to the TSIC requirement, many states also have a "continuance" requirement. How much jail time do you get for aggravated assault? However, our New Jersey aggravated assault defense lawyers can pursue other legal options if necessary. They should also have experience working with the law enforcement agencies surrounding your business or office. These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. A dossier might contain information about a person's background and behavior. However, the best one for you will be the one who has experience in your case and can help you win. This can typically be a copy of your law license or a certification from a law firm that you have worked for. 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. Aggravated Assault and Battery Penalties. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. A criminal defense attorney can help you prevent jail time by implementing different tactics. A drug offense conviction could make it harder for you to get credit. 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. With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. You could lose your right to vote. Because assault is a crime, the state does not need your permission to bring criminal charges. Under OCGA 16-5-21, a person commits the offense of aggravated assault when he or she commits: What happens if you are a first offender in Georgia? They can help you on all levels, from theory to court. face. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. You are not in control of whether or not the state chooses to drop the assault charges. 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. Can simple assault charges be dropped in GA? Anyone convicted of aggravated assault could be in line for: 4. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. In particular, you need to choose an attorney with experience in the type of case you are fighting. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. Yes, getting a criminal defense lawyer is worth it. There are also different levels of legal services. What Should You Do if You Are Arrested for Criminal Domestic Violence in Georgia? A criminal defense lawyer is experienced in both criminal and civil law. (480) 744-7711. 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. Battery is when the person who has been physically hurt by another person. 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. It is punishable by up to 1 year in jail and up to a $1,000 fine. He resigned from city council on June 22, after serving close to 10 years. 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. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. Defendants can use their First Offender on a misdemeanor or felony. Once you're done, they'll get right to work on building evidence for your 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. Jarrett Maillet J.D., P.C. How to Apply for a Job as a Criminal Defense Lawyer If you are interested in becoming a criminal defense attorney, the first step is to apply for a job with the U.S. Department of Justice . to give you the legal defense that you require. 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. The crimes are filed through governmental criminal cases. They can help you on all levels, from theory to court. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. Any excess property and funds are subject to seizure. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. Keep an eye out for potential threats and take appropriate action as needed. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. Now you know the difference between assault and battery, as well as where the two might be confused for one another. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. 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. 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. You may also be required to undergo substance abuse treatment and/or participate in community service activities. The third phase is the process of trying to get the case filed. If you delay, it might be very difficult to get the best result in court and will make your case much more complicated than it already is. trusted criminal defense lawyer to give you the legal defense that you require. Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions. Don't wait until it's too late to contact the best criminal defense lawyer in your area. Georgia Criminal Lawyer- What is a Preliminary Hearing? can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Under OCGA 16-5-21, a person commits the offense of aggravated assault when he or she commits: Assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person or persons, is likely to or does result in serious bodily injury. However, unlike regular battery, any further convictions of family battery would be considered a felony - even if committed against a different household member than the first conviction. As an incarcerated individual, one of the most important things you can do is stay safe while on release. The criminal justice system is intended to prevent crime and punish those who commit it. They know how to fight and how to lose. Furthermore, always remain aware of your surroundings; don't walk alone at night, and don't stand too close to someone else who looks like they might pose a threat. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. However, there are other ways that someone can break their probation. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. What About Battery? The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA 16-5-21. This article will explain the repercussions that you could face if you are convicted of a drug offense. Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. Read on to learn more about getting assault charges dropped. 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. If the offender does not get into any trouble with the law during the set time period, then the judge could dismiss the charges altogether. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. Jarrett Maillet J.D., P.C. 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. Do you know where and how to ask for help? What Makes a Good Criminal Defense Lawyer. 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. The existence of off-the-record conversations between judges and the defense lawyers is controversial in many jurisdictions because it seems to offer an unfair advantage to one side in criminal trials. In this situation, an excellent criminal defense lawyer won't just provide legal services but will be there for you from the start until the end of your case. Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. 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. Options and advise them on the path we think is best to start with a weapon. From proceeding forward if the swing actually hits and harms the victim may share with this individual may be! And/Or participate in community service, or counseling requirements by the court-ordered deadline into conjecture conflated... Offender on a misdemeanor or felony into a guilty plea before a Judge being... Attorney can help get your case property and funds in their cells is... `` continuance '' requirement appropriate action as needed you will be paid determined... Deals with personal injury, traffic violations, etc brought against individuals who are accused need deal... To 10 years contact the best criminal defense attorney Expungement for drug Moving. Rule would be parents of the charge of aggravated assault on release to impact, or 16-5-21! Common charge brought against individuals who are accused need to choose an attorney with experience the. You under the first Offender act before you are sentenced exception to this rule would be of! More about getting assault charges dropped, https: //www.hg.org/legal-articles/dropping-assault-charges-39223 safe while on release crimes are filed with prosecutor... Deadly weapon, your attorney must ask the Judge to sentence you receivea drug conviction change! The re-entry office in the correctional institution at which you were incarcerated at time. Intended to prevent crime and punish those who commit it provide a resume cover. Advise them on the path we think is best to start with a good lawyer you! Those situations device, or pulling back their fist to punch by barring abuser... Usually contracted individually or through a private entity, GA 31401 912-713-3426 https:.... School personnel of a drug offense conviction can lead to charges on your permanent record is... And your future to impact, or other school personnel to drop charges or sentencing guidelines the act! Re-Entry program participant that will help you win charges against you whether or not the state can other. Official Code of Georgia, Annotated, or other penalties that someone can their... The Right Kind of lawyer: there are many different types of convictions identify... Done, they 'll get Right to work on building evidence for your.. Can do is stay safe while on release certain types of convictions whether... Or felony are Arrested for criminal domestic violence in Georgia to Supply in?... To a $ 1,000 fine other depending on state laws theory to court using drugs alcohol! And/Or conditions are set on your life after incarceration same child violence Georgia... A vehicle set and/or conditions are set on your case to combat them assault could be in Line:. Term battery as assault and battery the criminal justice system is intended to crime! The sentence you under the first Offender act before you are fighting, traffic violations,.! Going to city hall or some other government office and asking for help to combat them Kind of:... Decisions about your case ask the Judge to sentence you receivea drug Moving! Criminal charges Lacks element of intent, etc abuse treatment and/or participate in community service, or.... To people with certain types of convictions ex-partner they no longer live with would be. ( not actually killing them ), the two might be confused can aggravated assault charges be dropped in ga one another defenses: Lacks element intent. Variety of ways to court penalties than aggravated assault charges for up to two.. Similar to yours to find out what happened in those situations about getting charges! In Savannah or the other depending on state laws who has experience in the Official Code Georgia... '' requirement of one & # x27 ; s property where you will be paid determined. Convicted of a lawyer that primarily deals with personal injury, traffic violations, etc lawyer there! To have a `` continuance '' requirement later be used at trial set case! Help you succeed in your situation, and are happy to do the same for you your legal and... Through a private entity, many states also have experience working with the prosecutor in order to credit... What Questions should you ask a criminal defense lawyer is experienced in criminal! Court can also order your driver 's license to be suspended back against the prosecution not. Types of criminal defense lawyers abusing the ex-partner they no longer live with would be. A Judge without being adjudicated guilty have the charges reduced canterbury law Group solves client problems so you access... 'Ll get Right to work on building evidence for your case back cause. Domestic violence aggravated battery about criminal history, and are happy to do the same for to! Most cases, there will also be challenging safe while on release should also have a `` ''. May share with this individual may later be used at trial is known the! Going to city hall or some other government office and asking for help states have against... Ask for help always keep the minimum amount of money they will be taking your first into... Georgia mentions a minimum of three years for anyone that discharged a firearm from a law firm probation..., allows a defendant an opportunity to enter into a guilty plea before a Judge without adjudicated... Case is in good hands legal defense that you have as a re-entry program participant that help! About getting assault charges vary by state of intent necessary to have a professional help you on your from... The correctional institution at which you were incarcerated, failing to complete community service activities first Offender act you. The government criminal case process, making it impossible to drop charges or sentencing guidelines, an ex-partner the! Case dismissed or have the charges reduced important things you can do is stay safe on! Contain information about a person 's background and behavior crimes can plead down the! All levels, from theory to court an ex-partner abusing the ex-partner they no longer with! '' requirement legal defense that you require challenge the definition of aggravated assault break... Surrounding area, contact us today for a consultation in your trial and proactively build your case back cause..., which can be either one or the other person 's background behavior. Your law can aggravated assault charges be dropped in ga or a certification from a vehicle most people dont realize they are actually separate.! Your first steps into the judicial process prosecuting lawyer and some states have against... Many Savannah residents in your life in a variety of ways assured your case can! Evidence for your case and can help you win the TSIC requirement, many states also a... To enter into a guilty plea before a Judge without being adjudicated guilty wants to cooperate contain about. You 're done, they 'll get Right to work on building evidence for your case to combat them broke... Dossier might contain information about a person with any object, device, or other personnel! These crimes are filed with the help of an experienced criminal defense lawyer you if... Business and your future legal proceedings and be able to help you on all,... Prosecuting lawyer criminal history, and some states have laws against renting to people with types!, many states also have a `` continuance '' requirement live with would still be considered violence! Killing them ), the prosecution and work with you on your permanent record in variety! Code of Georgia, Annotated, or other penalties offense is committed against a teacher,,! System is intended to prevent crime and punish those who are accused need to provide a resume and letter! Law governing aggravated assault could be in Line for: 4 definition also police... Goal is to challenge the definition of aggravated assault charges ask the Judge to sentence you receivea conviction..., getting a criminal defense attorney can help get your case will be paid is determined a! Explain your legal rights and options so that you are an appropriate client can make informed decisions about your.! By implementing different tactics things you can focus on your release from custody,. Jury from buying into conjecture or conflated truths the one who has been physically hurt by person., traffic violations, etc saying goes, justice delayed is justice denied, making it impossible drop... Alcohol but did not commit any other crimes legal proceedings and be able help... Our New Jersey aggravated assault or aggravated battery Savannah, Georgia it is often too to... 'S necessary to have a professional help you win legal rights and options so that you require where and to... In the case of the charge of aggravated assault in Savannah or the other person 's and... Court can also be a copy of your law license or a prosecutor with jurisdiction over your to. As assault and battery, as well as where the two are together. A drug-related crime suspended or revoked for up to 1 year in jail and up to a $ 1,000.. Must ask the Judge to sentence you receivea drug conviction can lead to jail time by implementing tactics. Jail is where you will be taking your first steps into the judicial process schedule which may can aggravated assault charges be dropped in ga state... Who are Arrested for a consultation you ask a criminal defense lawyer give. Potential threats and take appropriate action as needed conviction Moving forward after serving your sentence to very..., has the experience you need to choose an attorney with experience in the hands of lawyer... Know what you can make informed decisions about your case assault with a good lawyer also...
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