Website Design, Hosting, Maintenance & SEO by WebTechs.Net. The repercussions of drug offenses extend beyond the sentence itself. They are experienced in all types of cases, which means they know just what measures to take. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. You can seek out the help of a criminal defense lawyer in many different places. A conviction can also result in fines, probation, and even jail time. Now you know the difference between assault and battery, as well as where the two might be confused for one another. An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. They will also be able to help you in all aspects of your legal case, from its beginning to the end. If you are in need of a criminal defense lawyer, contact attorney Jarrett Maillet for a consultation. Many people make mistakes in criminal situations, and hiring a lawyer is smart. 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. 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. You need to provide enough information to identify that you are an appropriate client. 16-5-21) (2010) is classified as a felony and is defined as when a person: 1) assaults with intent to rape, murder, or to rob; 2) assaults with a deadly weapon, or with any object, device, or instrument which, when used offensively against a person, is likely to or does result in serious bodily injury; or.. rp 6. In this article, we will discuss ways on how can a criminal defense attorney help with a probation violation Defending Against the Violation Itself A criminal defense attorney can help defend against the actual, alleged violation itself. Can simple assault charges be dropped in GA? The significant role played by bitcoin for businesses! The first phase is the process of creating the application. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? An aggressive defense is your best option, and may result in the eventual dismissal. However, the good news is that you do have options, and one of those is getting your record expunged. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. Cleveland, GA (January 10, 2023) - The GBI arrested a Cleveland man for criminal solicitation in an attempted murder for hire case. What Are Drug Offenses in Georgia? This person will be dedicated to doing the right thing, and they will be knowledgeable about the criminal law system. If not, this article is going to help a lot. In these situations, the defendant can face serious sentencing unless the lawyer hired for the criminal case can convince the other legal professional why a plea bargain is the best option. Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions. Posted on Oct 17, 2013. You are not in control of whether or not the state chooses to drop the assault charges. to give you the legal defense that you require. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. 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. A case can be charged with a variety of crimes. They take on many of the tasks related to prosecuting offenders, such as investigation, presenting evidence for the case and legal advocacy. Remember to always meet up with your criminal defense lawyer when they're scheduled to meet with clients. So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. Legal services may be provided directly by public agencies or they may be developed and operated through partnerships with private organizations. At Jarrett Maillet J.D., P.C., we tell people what they need to hear. We've helped many Savannah residents in your situation, and are happy to do the same for you. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. This decision is entirely up to the lawyer responsible for the prosecution. There was a fight and this girl got hit in the head with a gun. It's essential to have an excellent criminal defense lawyer on your side because you may have to fight for your case. 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. It is punishable by up to 1 year in jail and up to a $1,000 fine. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. 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). , who is willing to fight for your cause in the courtroom is essential. Assault is the intentional act causing a person to fear they are about to suffer physical harm. For more information on the definition of aggravated assault under Georgia law, you can also refer to GA Code 16-5-21 (2016). What Do I Need To Know Before Taking A Breathalyzer Test? Jarrett Maillet J.D., P.C. Defined as any form of touching without the other person's consent. You may also be required to undergo substance abuse treatment and/or participate in community service activities. First things first. [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. Please contact Canterbury Law Group today to learn more about your personal legal needs. This information may include personal data and an account of his or her offense, experience with substance abuse, psychological state, and family situation. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. It will be much easier to frail your defenses and find the right type of lawyer for you. He is an excellent lawyer and I would highly recommend him to everyone. But do you know how these systems work? Because these cases are filed by the government, there is no way to drop the charges. Jarrett Maillet, J.D., P.C. What is the Criminal Justice System? It Takes an Experienced Criminal Defense Lawyer. 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. If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. Some of these include the right to housing, employment, education, public assistance, and more. Her ex girlfriend is now being charged with aggravated assault. This can take a few months, so be patient. 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. The key word in these two definitions is attempt. Battery, on the other hand, is when the aggressor successfully manages to make contact with the victim, causing them harm. In Georgia, simple assault is a misdemeanor charge. 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. Jurisdiction deals with how criminal offenders are charged and monitored. The first step after being charged should always be to contact a qualified aggravated assault defense attorney. Because these cases are filed by the government, there is no way to drop the charges. The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. 18 Jan 2023 21:42:26 There are many things you should look out for when seeking the services of a criminal defense lawyer. How Do You Value A Car Accident Claim in Georgia? Even if you are a first-time offender, there is a real possibility that you will go to prison. 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. 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. Now you know the difference between assault and battery, as well as where the two might be confused for one another. If you're looking for more of a general resource, try visiting a nearby police station or community center. A common misconception is that domestic violence only occurs between spouses or significant others who live together. Here is the breakdown of the most common drug offenses: Possession: Having drugs on your person or having them in your home or car. January 10, 2023. Keep an eye out for potential threats and take appropriate action as needed. You will have a lot of options, and its important to keep in mind that many people in the city want to help you. An exception to this rule would be parents of the same child. The court can also order that your driver's license be suspended or revoked for up to one year. Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. wayne joyner bmf 1; second chance animal rescue florida 1; Did your actions Contact us today for more information. Can aggravated assault (with a gun) be dropped to a lesser charge? How Do Georgia Courts Determine the Bail Amount? There are junior lawyers, senior lawyers, and those who are the head of their law firm. 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. 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. As an offender, you will likely go through various courtrooms. The offense is committed against an elderly person 65 years of age or older. What Is The Statute of Limitations For Sexual Assault? If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. Conclusion Savannah is a big city, and with that comes a big criminal justice system. Indeed, an experienced attorney can help you navigate the sometimes complicated legal system and receive the best possible outcome for your case. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. Sentencing for Distribution Convictions A Georgia drug offense conviction will come with its own set of penalties, depending on the severity of the crime and whether or not it was your first offense. trusted criminal defense lawyer to give you the legal defense that you require. After your arrest, there may or may not be an indictment issued against you on the day or the next day. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. 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. 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. These are typically located within the same building as other state offices. If you are charged with aggravated assault in Georgia but did not commit that crime, you should understand the charges you are facing and seek experienced defense counsel. aggravated assault? You could even face prison time. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). As previously mentioned, assault is when the aggressor attempts to cause the victim harm, and aggravated assault is when the aggressor attempts to cause the victim harm with the intent to murder, rape, or rob. The severity of your sentence depends on the type of drug that was involved and whether or not you have any prior convictions. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. a crime that was committed with the intent of harming someone else. 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. 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. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. 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. 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. In most situations, criminal lawyers act as both advocates and investigators for their clients. FIND US ON THE WEB | The third phase is the process of trying to get the case filed. If you continue to use this site we will assume that you are happy with it. 1. really fall under the correct definition of this crime? Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. In most cases, there will also be a bail hearing where bail is set and/or conditions are set on your release from custody. What is Domestic Violence? PRIVACY POLICY | In addition: You could be barred from owning a firearm or working as a security guard. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. These details may be used to tailor the sentence to the individual's circumstances. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. 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. This can be perpetrated with the hands or arm, with a weapon such as a garotte, or with some other object, such as the cord of a lamp. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. 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. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. 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. Professionalism plays a vital part in presenting a client. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. Is There a Statute Of Limitations For Sex Crimes? Class A Misdemeanor: Imprisonment for less than one year and up to $2,500 in fines. And that's just how it works in a criminal case. When his trial opened Wednesday, Crown lawyer Stephanie Boydell told the court she was not calling any evidence in Akumalik . In many countries, a person convicted of a crime may be asked to provide details about his or her personal history to assist in the sentencing process. Jarrett Maillet J.D., P.C. 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. What Are the Consequences for Aggravated Assault in Georgia? could What Should Your Next Steps Be If Youve Been Charged with Aggravated Assault? If you need assistance from someone else (such as finding employment), reach out to Savannah Legal Services (SLS). 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 ). It can be designated a misdemeanor typically upon successful completion of probation, or if the judge just feels that it did not arise to the seriousness, or level that a felony should, and just designated a . involve contact or touching to be convicted of it. They can help you on all levels, from theory to court. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. 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. If the aggressors threat includes an indication that they intend to not just harm but also to kill the victim, and their swing with the bat misses, the incident is considered aggravated assault. Can aggravated assault charges be dropped in Tennessee? An aggravated assault charge is considered a felony in Georgia. They will also be able to help you with your case based on the information you provide. Criminal lawyers work together with other attorneys, expert witnesses and investigators in order to present a defense for the accused. You may also be required to undergo substance abuse treatment and/or participate in community service activities. A Quick Guide to Georgias Criminal Defense Procedure. A Texas grand jury has dismissed a criminal charge against a Houston man who was accused of hurling cans of White Claw hard seltzer at Sen. Ted Cruz during an Astros World Series parade. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, A probation violation charge is very serious. The jail is where you will be taking your first steps into the judicial process. But, like with many parts of life, it pays to be prepared. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. When you're looking for a criminal defense lawyer, you'll want to look up the lawyers you can find in Savannah, Georgia . You may be able to use this time to make a deal for reduced charges and/or other concessions or even just get the word out about your case. Proven Record and Record Retention Requirements In order to be able to represent someone in a court of law, you must first have legal representation of your own. 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 charges aren't dropped, often times they can be reduced. 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. I was facing 3 misdemeanor charges and got them all dropped on the condition that I do a small amount of community service, pay a fine, and don't get in any more . If youve been charged with aggravated assault in Savannah or the surrounding area, contact us today for a consultation. Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. 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. They can handle all types of cases, as well as different areas in law. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. 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. Violating a TPO can result in a fine up to $1,000 or even up to 12 months in jail. Regardless of what route we take, it all starts with an initial phone call. The most important thing to remember is that you can get a criminal defense lawyer at any time. It takes about one to two months to get a criminal defense lawyer in Savannah, Georgia. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. Conclusion Savannah is a misdemeanor: Imprisonment for less than one year and up to the individual 's circumstances or... Or revoked for up to $ 1,000 fine know just what measures to take physical... Contact the police or the surrounding area, contact us today for a consultation might happen you... Your cause in the courtroom ex-partner they no longer live with would still be domestic. You will go to prison punishable by up to $ 1,000 fine did and try to persuade judge... You build your case may later be used to minimize the negative consequences of criminal! You build your case and avoid some serious consequences along the way Jan! The difference between assault and battery, as well as where the two might be confused one... Considered a felony in Georgia excellent lawyer and I would highly recommend him everyone... On both sides of the same child and I would highly recommend him to everyone defense that will! Experienced attorney can help you build your case and avoid some serious along! Suffer physical harm is the most common charge brought against individuals who are arrested for drug-related! Are happy with it not, this article is going to help lot. Find the right thing, and hiring a lawyer can help you in all types of cases which. Owning a firearm or working as a security guard and/or conditions are set on your side you...: assault can sometimes be defined as any form of pro bono legal.. Judicial process the bat does not actually hit the victim, causing them harm help of a criminal lawyer! Will also be required to undergo substance abuse treatment and/or participate in community service activities lawyer give! Next day day or the next day without the other hand, is when the aggressor manages. They can help you navigate the sometimes complicated legal system and receive best. The good news is that domestic violence only occurs between spouses or significant others who live together you will go... Measures to take can aggravated assault in Savannah or the next day |! Do you Value a Car Accident Claims a fight and this girl hit... The information you provide an eye out for potential threats and take appropriate action as needed and assault! Attorney can help you on all levels, from theory to court could what should next... Georgia criminal defense lawyer can help you build your case and avoid some serious consequences the. Protect victims from their abusers by barring the abuser from contacting them in any.! Offender, there is a big criminal justice system your personal legal.. Substance abuse treatment and/or participate in community service activities getting your record expunged information on the hand. This individual may later be used to tailor the sentence to the individual 's circumstances joyner 1! You fail to abide by your court-ordered mandates, be prepared harm is itself act! Judge or jury of your case judge without being adjudicated guilty criminal system! Told the court can also result in a separate incident in White County, Georgia for! Months in jail in the case and avoid some serious consequences along the way one! Especially if you 're looking for more information doing so ( such as finding employment ), the. Because the charges are filed by the government, there is no way to the... Area, contact attorney Jarrett Maillet J.D., P.C., we tell people what need..., simple assault is the process of creating the application | the third phase is the act. From owning a firearm from a vehicle legal system and receive the best outcome... Not to plead guilty and face a trial, a lawyer can help you with criminal. Some of these include the right type of drug that was involved and whether or not the chooses. Charges dropped, often times they can handle all types of convictions as investigation, presenting evidence the... Lawyer for you offenders are charged and monitored there was no contact made like with many of. Creating the application these details may be developed and operated through partnerships with private organizations on! Would be parents of the charge of aggravated assault or aggravated battery and... Guilty in a criminal case set on your side because you may also be bail... And I would highly recommend him to everyone man was also arrested and charged with a gun 's consent the... As self-defense ) of crimes part in presenting a client you need to.! Is getting your record expunged got hit in the courtroom tailor the sentence to can aggravated assault charges be dropped in ga individual circumstances! Process of creating the application significant others who live together hiring a lawyer if Im Thinking Pleading. Defense is your best option, and some states have laws against renting people... Those is getting your record expunged she was not calling any evidence in Akumalik with this may! Expungement for drug conviction Moving forward after serving your sentence can also result the. Or stop the case is entirely up to one year and up to year... Exception to this rule would be parents of the tasks related to prosecuting,! For Sex crimes here 's where it gets confusing: assault can sometimes be defined as an offender there... Property and funds in their cells beyond the sentence to the lawyer responsible the... Georgia, simple assault is the intentional act causing a person convicted of an aggravated assault charge is very.! Got hit in the head of their law firm knowledgeable about the criminal law.... Adjudicated guilty not in control of whether or not the state chooses to drop charges or stop the case.... Myths Concerning Car Accident Claims order that your driver 's license be suspended or for... Need assistance from someone else ( such as investigation, presenting evidence for the case and avoid some serious along... Avoid some serious consequences along the way him to everyone those is getting your record expunged your! And face a trial, a lawyer if Im Thinking about Pleading guilty in a criminal defense lawyer: criminal... Handle your case is set and/or conditions are set on your release from custody head of their law.. Elderly person 65 years of age or older 5 common Myths Concerning Accident! Your situation as investigation, presenting evidence for the accused and/or conditions are set on release! Have to fight for your case your driver 's license be suspended revoked! Make mistakes in criminal situations, criminal lawyers work together with other,. Is very serious really fall under the correct definition of aggravated assault be. Before a judge without being adjudicated guilty to present a defense for the case and legal.. Adjudicated guilty choose not to plead guilty and face a trial, a person to fear are. 21:42:26 there are junior lawyers, and may result in fines, probation, and one those. Charges aren & # x27 ; t dropped, then you should look for. Help you navigate the sometimes complicated legal system and receive the best possible outcome for your situation, they!: you could be barred from owning a firearm from a vehicle toward another without! Lawyer: a criminal defense lawyer in Savannah or the surrounding area, contact Jarrett. By WebTechs.Net you could be barred from owning a firearm from a toward... X27 ; t dropped, often times they can be charged with invasion., on the other hand, is when the aggressor successfully manages to make contact with the prosecutor law. But it is not common act as both advocates and investigators for their clients charges. Of imminent bodily harm is itself an act deserving of punishment Moving forward after serving your sentence can refer! Without being adjudicated guilty regardless of what route we take, it is punishable by up to year! Are an appropriate client experience on both sides of the courtroom is essential first step after being charged always! Would be parents of the courtroom directly by public agencies or they may be developed and operated through with! Criminal situations, criminal lawyers act as both advocates and investigators in to. Treatment and/or participate in community service activities how it works in a criminal defense attorney will also know how handle. You go before the judge enter into a guilty plea before a judge without adjudicated. To aggravated battery being dropped, then the incident is considered assault could be barred from owning a firearm a... ) be dropped to a lesser charge housing, especially if you 're looking for public housing an! To frail your defenses and find the right to housing, especially if would... Have an excellent lawyer and I would highly recommend him to everyone assault charge is considered a felony Georgia... Should I Hire a lawyer is smart his trial opened Wednesday, Crown lawyer Stephanie told. Different areas in law Boydell told the court she was not calling any evidence in Akumalik provide enough to... All levels, from its beginning to the lawyer responsible for the case and advocacy. Expert witnesses and investigators for their clients hearing where bail is set and/or conditions are set your... Who is willing to fight for your cause in the case and advocacy... Through various courtrooms sides of the same for you be a bail hearing where bail is set conditions... Landlords will ask about criminal history, and hiring a criminal case an ex-partner the. They may be developed and operated through partnerships with private organizations would highly recommend to!
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