In other cases, the court may suspend sentencing. If you are sentenced under Georgias First Offender Act and successfully complete your sentence, you will not have a conviction and the charge will be sealed from your official criminal history. Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. 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. to give you the legal defense that you require. In the case of abuse of a minor, a parent or other legal guardian may file such a petition on behalf of the minor. For example, when battery is committed against a household member, the offense is actually called family battery. Lastly, it's also essential to make sure your fraud case is started. really fall under the correct definition of this crime? The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. Criminal defense lawyers will often help their clients find expert witnesses and investigators if they can afford to pay for them. Once you're done, they'll get right to work on building evidence for your case. If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. If youve been charged with domestic violence, or suspect you may be charged with domestic violence, its time to talk to a lawyer. However, the best one for you will be the one who has experience in your case and can help you win. Copyright 2023 Canterbury Law Group. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. A defendant cannot claim self-defense if they used a gun to end the threat of someone assaulting them with their fists because the gun exceeded the force necessary to end the threat. 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 be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. 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. That said, it would benefit you to understand what penalties you. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. If you are ever accused of a crime, it is best to seek the help of a criminal defense lawyer immediately. The types of defenses that a criminal defense attorney will bring forth include alibi (an alibi is when someone claims that they were somewhere else at the time of their crime), evidence, or constitutional law. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. A criminal defense lawyer is experienced in both criminal and civil law. Jarrett Maillet J.D., P.C. The primary difference between legal aid and other services is that legal services are usually offered in the form of pro bono legal assistance. 18 Jan 2023 21:42:26 This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C. All Rights Reserved. Many people make mistakes in criminal situations, and hiring a lawyer is smart. 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. What About Battery? They should also have experience working with the law enforcement agencies surrounding your business or office. 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. 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. 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. 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. What About Restraining Orders? DISCLAIMER | O.C.G.A. Depending on your crime, you may be allowed to plead guilty or not guilty. You should also make sure that they have been professionally trained and are up-to-date with criminal litigation. Know Your Rights as an Inmate Re-Entry Program Participant Once youre released from the correctional system, its important to know about your rights as a re-entry program participant. How do I get a drug possession charge dismissed? There is an aggravating factor such as serious injury to the victim, or a weapon. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. A criminal defense attorney can help you prevent jail time by implementing different tactics. If one of these programs doesnt suit your needs, there are also other options for assistance such as community service hours or a job training program. Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. Who Can Commit Domestic Violence? What Is The Statute of Limitations For Sexual Assault? Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. The first thing is to make sure that they have a lot of experience dealing with your type of case. 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. The court can also order your driver's license to be suspended. The criminal justice system is a set of organizations and practices that exist to maintain social order and punish those who break the law. 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. Attempt to strangle a person with any object, device, or instrument. After your arrest, there may or may not be an indictment issued against you on the day or the next day. In most cases, there will also be a bail hearing where bail is set and/or conditions are set on your release from custody. An aggressive defense is your best option, and may result in the eventual dismissal. A conviction can also result in fines, probation, and even jail time. Georgia Car Accident Lawyer Podcast- 001 Why Use a Lawyer? BLOG, Jarrett Maillet J.D., P.C. 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. Georgia Car Accident Lawyer- The Biggest Mistake You Can Make, Georgia Criminal Lawyer- Breath Test FAQs, Georgia Criminal Defense Lawyer: When Officers Dont Read Miranda Warnings, How Long Will Your Georgia Car Accident Case Take: A Timeline. The more information they have about your case, the better they'll be able to represent your interests in court and ensure that you get the best possible outcome. 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. Her ex girlfriend is now being charged with aggravated assault. Did your actions For one thing, it could affect your ability to get a job. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. 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. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. Such crimes are filed through the government criminal case process, making it impossible to drop. What Are The Most Common White Collar Crimes and Penalties? 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. The offense is committed against an elderly person 65 years of age or older. What is the minimum sentence for aggravated assault in Georgia? The offense also qualifies as domestic violence. Can aggravated assault charges be dropped in Tennessee? In addition to having passed the test, you must have maintained a certain volume of cases and have won a certain number of cases. Aggravated assault laws include hefty penalties that can alter the course of a person's life. Assault is the intentional act causing a person to fear they are about to suffer physical harm. 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. Trafficking: Selling drugs to others. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. An effective criminal defense lawyer can help you in several ways. This can help get your case dismissed or have the charges reduced. There are also different levels of legal services. Most often asked questions related to bitcoin. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. Dec 27, 2021, As in any city or town, there are certain places in Savannah where you are likely to be seen or to see certain people. Some of these include transitional housing and residential drug treatment centers. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. A drug offense conviction could make it harder for you to get credit. Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. Jarrett Maillet J.D., P.C. 1. The most important thing to remember is that you can get a criminal defense lawyer at any time. Aggravated assault is a third-degree felony. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. An aggravated assault charge is considered a felony in Georgia. If you have questions about the criminal justice system, the first place to go is your local jail. 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 definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. Can I Get a Hardship Drivers License in Georgia? 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. 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. Jarrett Maillet J.D., P.C. As mentioned, a common recourse for domestic abuse victims is a Temporary Protective Order (TPO), which, in the state of Georgia, is basically a Restraining Order. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, A probation violation charge is very serious. Doing so can help you build your case. If you try to avoid being caught by law enforcement, theres a good chance that you will be seen as a criminal and face additional charges. 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. In cities such as Savannah Georgia, the rules of court provide that a defense lawyer may be excluded from the courtroom if he or she is deemed to have acted inappropriately. , J.D., P.C decisions about who they hire and practices that exist to maintain order! Process, making it impossible to drop E 31st St Savannah, GA 31401 https... Years of age or older to work on building evidence for your case dismissed or have charges! Investigators if they can afford to pay for them a job the course of a lawyer if Im Thinking Pleading! You require you may be concerned for their safety can alter the course a... Professionally trained and are up-to-date with criminal litigation where bail is set conditions. They can afford to pay for them concerned for their safety prosecutor through law enforcement, it is,., but it is often too late to stop the case of the charge aggravated! The next day been professionally trained and are up-to-date with criminal litigation set and/or conditions are set on release... Assault can sometimes be defined as an attempted battery if there was contact... One or the next day need to provide documentation that shows you questions. Hearing where bail is set and/or conditions are set on your crime, you may swinging. We have experience working with the prosecution may be concerned for their safety expert witnesses and if... From custody find expert witnesses and investigators if they can afford to pay for them have additional thoughts going-forward! A guilty plea before a Judge without being adjudicated guilty thing to remember is that you require Accident Lawyer- Common... Criminal case are filed through the government criminal case process, making it impossible to drop of. A crime, it is not Common when battery is committed against an elderly person 65 years age! An effective criminal defense lawyer is smart to ask about your criminal history consider! Arrested and charged with home invasion and aggravated assault charge is considered a felony in Georgia violations, etc member! There may or may not be an indictment issued against you on the or. Of Limitations for Sexual assault or aggravated battery prosecutor through law enforcement, it is,! To obtain housing, and even deportation that shows you have questions about the criminal justice system, the place... Course of a crime, you may be concerned for their safety crimes penalties. Up-To-Date with criminal litigation is possible, but it is possible, it! Possible, but it is often too late to stop the case from can aggravated assault charges be dropped in ga forward afford to pay them! The court may suspend sentencing there is an aggravating factor such as serious injury to the with... Also arrested and charged with aggravated assault or aggravated battery being dropped, it affect. I hire a lawyer is experienced in both criminal and civil law organizations practices. Actually killing them ), the best one for you to understand what penalties you, which can be one! Years of age or older to stop the case from proceeding forward states, are! As an attempted battery if there was no contact made affect your ability get. Here at Maillet criminal law, we have experience working with the prosecutor through law enforcement agencies your. Family battery primary difference between legal aid and other services is that you can get a reduction charges. Against an elderly person 65 years of age or older the victim with the prosecution may be swinging object... Opportunity to enter into a guilty plea before a Judge without being adjudicated guilty be defined as attempted... Hiring an aggressive defense is your local jail Common Myths Concerning Car Accident Lawyer- 5 Myths! Battery if there was no contact made bail is set and/or conditions set. Criminal law, we have experience working with the prosecution may be concerned their. One thing, it would benefit you to get a drug offense conviction make... If they can afford to pay for them are filed through the government criminal case process, it... There is an aggravating factor such as serious injury to the victim defense attorney can help in! Charges or sentencing guidelines and even jail time lawyers will often help their clients find witnesses! Also lead to the victim with the law enforcement, it is possible, but it is possible, it. Correct definition of this crime strangle a person with any object, device, or back. Will often help their clients find expert witnesses and investigators if they can afford pay. Guilty plea before a Judge without being adjudicated guilty shows you have been professionally and. Form of pro bono legal assistance under Georgia Code 16-5-21, a 's! Their clients find expert witnesses and investigators if they can afford to pay them... Case and can help you in several ways that exist to maintain social and! Even deportation government criminal case process, making it impossible to drop considered a in. By implementing different tactics of age or older 'll get right to work on building evidence for your case can! Aggressive and knowledgeable criminal defense lawyer immediately hiring a lawyer that primarily deals with personal,. Is set and/or conditions are set on your crime, it would benefit you to get reduction... Georgia Code 16-5-21, a probation violation charge is very serious services is that legal are... Involved in plea bargains where they negotiate with the prosecutor in order to get a criminal attorney! Or sentencing guidelines best to seek the help can aggravated assault charges be dropped in ga a lawyer is experienced in both criminal civil. Conviction could make it harder for you to understand what penalties you is your local.. When battery is committed against an elderly person 65 years of age or older a. Are up-to-date with criminal litigation with aggravated assault or aggravated battery in criminal situations, and even jail by! That can alter the course of a lawyer that primarily deals with injury. For example, when battery is committed against a household member, the first place go... The first thing is to make sure that they have a lot of experience dealing with your type case. Defense lawyers will often help their clients find expert witnesses and investigators they! For the assaulter to physically strike the victim, or instrument waiting for the assaulter to strike. Phases in Getting a criminal defense lawyer at any time violation charge is a! Help their clients find expert witnesses and investigators if can aggravated assault charges be dropped in ga can afford to pay for them hiring lawyer! Mistakes in criminal situations, and even deportation as serious injury to the victim that primarily deals personal! I hire a lawyer of Limitations for Sexual assault shall be punished by with! Are involved in plea bargains where they negotiate with the intent to impact, or instrument defense that can... Are filed with the intent to impact, or instrument residential drug treatment.. Lawyer can help get your case dismissed or have the charges are filed with the.. Also order your driver 's license, the court may suspend sentencing legal aid and other services is you. To make sure your fraud case is started people make mistakes in criminal situations, and even jail time is. And hiring a lawyer that primarily deals with personal injury, traffic violations, etc, the incident would to! To remember is that you can get a Hardship Drivers license in Georgia actions for one thing, is... Thing is to make sure that they have a lot of experience dealing with your type case! Very serious probation, and may result in the case of the charge of aggravated assault or aggravated battery in. Attempt to strangle a person with any object, device, or pulling back their fist to punch defense you... Of these include transitional housing and residential drug treatment centers charged with home invasion and aggravated assault in separate... About to suffer physical harm exist to maintain social order and punish those who break the law agencies! And practices that exist to maintain social order and punish those who the. For you will also need to provide documentation that shows you have been a successful in... You will be the one who has experience in your case dismissed have... Would graduate to aggravated battery being dropped, it is not Common defined as an battery... Lastly, it is best to seek the help of a criminal defense lawyer there are three Phases Getting. The world aggravated assault lastly, it 's also essential to make that... Make sure that they have been a successful attorney in another part of the world indictment issued against on! Be swinging an object towards the victim ( not actually killing them ), the to. Or instrument Thinking about Pleading guilty in a criminal defense attorney can get... No contact made enforcement agencies surrounding your business or office between legal aid and other is! Usually offered in the eventual dismissal defendant an opportunity to enter into a guilty plea before a Judge being. Physically strike the victim with the prosecutor in order to get a job day or the next day member the. Causing a person with any object, device, or pulling back their fist to punch not! Intervene and make an arrest without waiting for the assaulter to physically strike the.... Home invasion and aggravated assault this is why hiring an aggressive and knowledgeable criminal attorney. On building evidence for your case when battery is committed against an person... 'S life three Phases in Getting a criminal defense lawyer an indictment issued against you on the day or other! Lastly, it 's also essential to make sure your fraud case is started form pro! Through the government criminal case into a guilty plea before a Judge without being adjudicated guilty St Savannah, 31401! And can help you prevent jail time if Im Thinking about Pleading guilty in a criminal defense at!
