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. Class A Misdemeanor: Imprisonment for less than one year and up to $2,500 in fines. How Does the Criminal Justice System Work? When Should you Seek the Services of a Criminal Defense Lawyer? The first step after being charged should always be to contact a qualified aggravated assault defense attorney. It could set your case back and cause your sentence to be increased. Under his council I felt calm and in control. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. 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. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. Many people make mistakes in criminal situations, and hiring a lawyer is smart. Even if you don't have gone to city hall, there are many different ways you can go about trying to get a criminal defense lawyer. You can also try seeking legal advice from an attorney who has experience in criminal 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. 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. 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. 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. . Can aggravated assault charges be dropped in GA? Criminal lawyers work together with other attorneys, expert witnesses and investigators in order to present a defense for the accused. If there is, the case may be further complicated. It is important that you speak with an attorney immediately. Yes they can be dismissed and, given the facts you have stated, they should be. 16-5-20 Aggravated Assault: O.C.G.A 16-5-21 Simple Battery: O.C.G.A 16-5-23 Aggravated Battery: O.C.G.A 16-5-24 What is Prohibited: Simple Assault: Attempting to commit a violent injury on someone else or putting them in a situation where it's reasonable they can be injured in such a manner.No actual physical touching is necessary to violate . 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. 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. Any excess property and funds are subject to seizure. 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. Georgia Criminal Lawyer- What is a Preliminary Hearing? Our lawyers provide clients with straightforward, honest assessment of their cases. 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). Criminal charges are brought by a District Attorney or Solicitor on behalf of the victim, who is just a witness in the case like anyone else. A former Iqaluit city councillor's aggravated assault charge has been dropped. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. This is known as the "record retention" requirement. Once you're done, they'll get right to work on building evidence for your case. You can file a report with the police department or seek legal counsel. Fortunately, a probation violation can be handled differently if you hire an experienced attorney who knows the criminal justice system. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. The severity of your sentence depends on the type of drug that was involved and whether or not you have any prior convictions. They Can Provide You with Expert Witness Testimony If your probation violation involves breaking the law, a criminal defense attorney can provide expert witness testimony on behalf of their clients at trial or during a pre-trial hearing. People can defend themselves from the threat of or actual violence or force that could cause bodily harm or injury. There are several types of assault in Georgia, but the difference between a felony and misdemeanor assault often is determined by the severity of the assault. Georgia Could Raise The Age At Which A Child Could Be Tried As An Adult, Getting Back On Track After a DUI Conviction, Georgia Is Considering Raising The Age At Which A Child Could Be Tried As An Adult. An effective criminal defense lawyer can help you in several ways. An exception to this rule would be parents of the same child. 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. A criminal defense attorney can help you prevent jail time by implementing different tactics. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. 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. What Are the Consequences of Domestic Violence in Georgia? The police often use such dossiers to provide information to the court in support of their case against the suspect and in anticipation of an appeal to reduce the sentence. 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. How Do Georgia Courts Determine the Bail Amount? This can help get your case dismissed or have the charges reduced. What Should You Do if You Are Arrested for Criminal Domestic Violence in Georgia? An experienced defense attorney can provide the services necessary to protect a defendants legal rights. What Happens If Ive Been Accused of Rape in Georgia? The legal definition of domestic violence can vary from state to state. 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. 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. If you are on trial or in jail, you could end up in any number of courtrooms and jails in the city. If you need assistance from someone else (such as finding employment), reach out to Savannah Legal Services (SLS). This can also pertain to someone that threatened a person without performing physical harm. could This is known as the "case record" requirement. Anyone convicted of aggravated assault could be in line for: 4. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. A criminal defense lawyer is experienced in both criminal and civil law. Defined as any form of touching without the other person's consent. Remember to always meet up with your criminal defense lawyer when they're scheduled to meet with clients. That said, it would benefit you to understand what penalties you For example, if a person has a history of drug use, he or she may be expected to participate in counseling programs designed to address addiction problems, or the court may impose a more lenient sentence based on this information. The offense also qualifies as domestic violence. They should also have experience working with the law enforcement agencies surrounding your business or office. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. What About Battery? Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? When his trial opened Wednesday, Crown lawyer Stephanie Boydell told the court she was not calling any evidence in Akumalik . Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. Hire your Georgia criminal defense attorney and tell them your side of the story. Then, the aggressor swings a baseball bat at the victim. 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. *This information is not intended to be legal advice. The main reason to get a criminal defense lawyer is because they can help you in any way possible. Jarrett Maillet J.D., P.C. How Do You Value A Car Accident Claim in Georgia? Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. Conclusion It is important for you to find a criminal defense attorney as soon as possible so that you can defend yourself properly in your case and completely avoid any type of further penalties or repercussions on your life. Aggravated Battery Aggravated battery is a felony in Georgia, and occurs if the offender intentionally inflicts a serious injury to the victim, such as loss of a limb, loss of use of a limb, or serious disfigurement. 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. 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. Copyright 2023 Canterbury Law Group. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. a crime that was committed with the intent of harming someone else. 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. Regardless of what route we take, it all starts with an initial phone call. Jarrett Maillet J.D., P.C. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. They can handle all types of cases, as well as different areas in law. 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. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. No. That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Also, the prosecution should not be harassed at any time. 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. What constitutes aggravated assault in Georgia? An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. , who is willing to fight for your cause in the courtroom is essential. In the state of Georgia, an incident qualifies as assault when the aggressor attempts to cause the victim harm. Such crimes are filed through the government criminal case process, making it impossible to drop. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. Let's look at the definitions of both to make sense of it all. A criminal defense lawyer will often coordinate with another attorney specializing in the case to make sure that evidence gathered by the police is presented to the court. It's essential to have an excellent criminal defense lawyer on your side because you may have to fight for your case. Suppose the assault was taken in defense of one's property. 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. Required fields are marked *, BANKRUPTCY LAW CRIMINAL DEFENSE FAMILY LAW REAL ESTATE LAW. Jarrett Maillet J.D., P.C. How Does a Case Work? What Should not be Included in the Fee for a Criminal Defense Lawyer? 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 ). Its important to note that the Georgia Family Violence Act broadens domestic violence to include former household members as well as current, along with former relations. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. If not, this article is going to help a lot. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. The law governing aggravated assault is detailed in the Official Code of Georgia, Annotated, or OCGA 16-5-21. These requirements can make it very difficult for people to become full-time members of the legal profession. And if you still need help after doing all that searching, contact an attorney. For example, say the aggressor gets into an argument with the victim and threatens to hurt them. 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. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. We educate clients about their legal options and advise them on the path we think is best. The second phase is the process of talking about the case. 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. Are you Looking for a Criminal Defense Lawyer? Please contact Canterbury Law Group today to learn more about your personal legal needs. 1. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. As an offender, you will likely go through various courtrooms. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. What Questions Should You Ask a Criminal Defense Attorney? 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. The significant role played by bitcoin for businesses! This is the minimum time you are allowed to keep someone in a cell before getting a new charge. In many cases, they have been professionally trained. Copyright 2023 Moffitt Law, LLC | Powered by DRIVE Law Firm Marketing, To request a free consultation, please fill out the form below or call 762.212.3951. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. They will also be able to explain what your legal rights are as well as any defenses you may have against those accusations. Defendants can use their First Offender on a misdemeanor or felony. Everyone needs to be treated with respect. You can also ask friends or family members who they recommend and if they might have any knowledge of any lawyers in your area. Jarrett Maillet J.D., P.C. A case can be charged with a variety of crimes. The most important thing to remember is that you can get a criminal defense lawyer at any time. Cause your sentence depends on the type of drug that was involved and whether or you... Get a Familiar Face in court in the courtroom could this is the process talking... Correct theory and evidence, the prosecutor can not always prove her case in court in Official! 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