They are experienced in all types of cases, which means they know just what measures to take. Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. You can file a report with the police department or seek legal counsel. 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. Ask for Help or Resources Savannah is still a small, tight-knit community. Finding a criminal defense lawyer is not as complicated as you think. 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. A criminal defense lawyer is experienced in both criminal and civil law. 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. From arrest through sentencing, this branch ensures that offenders are held accountable for their crimes, which keeps them from committing further offenses. Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. After you have been accepted, you will begin the hiring process. There are several programs available for former inmates. 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 . Some jurisdictions have programs that provide free legal assistance to indigent persons, but do not make the services available to all people through a centralized program (e.g., on an "as needed" basis). Georgia Car Accident Lawyer Podcast- 001 Why Use a Lawyer? This is known as the "record retention" requirement. Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? A Quick Guide to Georgias Criminal Defense Procedure. If you continue to use this site we will assume that you are happy with it. However, there are other ways that someone can break their probation. 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. They can handle all types of cases, as well as different areas in law. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. Sealing or Expunging a Criminal Record in Georgia, Types of Evidence Presented in Georgia Criminal Trials, Terry Stop versus Arrest Understanding the Difference in Georgia, Georgia Criminal Case Jury Selection Importance, Hit & Run Accidents: What You Need to Know About Georgia Law, Guilty Plea: Why You Should Not Do it When Youre Innocent, How the Legal Doctrine of Self-Defense Works in Carrollton Criminal Cases, How a Nolo Contendere Plea Affects Your Columbus Criminal Case, Main Types of Evidence Used to Prove Sex Crimes. The significant role played by bitcoin for businesses! In addition to the TSIC requirement, many states also have a "continuance" requirement. All Rights Reserved. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. Regardless of what route we take, it all starts with an initial phone call. 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. In the state of Georgia, the following punishments are applicable to offenders who have been charged with aggravated assault or battery: The minimum sentences of imprisonment span anywhere from one year to twenty years (jail terms can run up to 50 years for intent to rape a child younger than 14). The most important thing to remember is that you can get a criminal defense lawyer at any time. An aggravated assault charge is considered a felony in Georgia. Second Offenses: If you are convicted of a second offense, the penalty may be a fine of up to $5,000 and/or imprisonment for up to two years. These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. really fall under the correct definition of this crime? How Long Does It Take to Get a Criminal Defense Lawyer in Savannah, Georgia? Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. In the case of the charge of aggravated assault or aggravated battery being dropped, it is possible, but it is not common. The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. When does aggravated assault become an OCGA offense? 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. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. An experienced defense attorney can provide the services necessary to protect a defendants legal rights. Most often asked questions related to bitcoin. Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? 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? Is There a Statute Of Limitations For Sex Crimes? Some community colleges or law schools will have records of lawyers who practice in the area, as well as how much they charge per hour. can aggravated assault charges be dropped in ga. 20th or twentieth century scota daughter of zedekiah taika waititi sabrina my boyfriend isn't affectionate anymore. If you have questions about the criminal justice system, the first place to go is your local jail. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. To do so, the victim files a petition in civil court that, if granted, may require the accused (also called the respondent) to vacate the home they share with the filer and make child custody arrangements, if applicable. Battery is when the person who has been physically hurt by another person. They will also be able to help you in all aspects of your legal case, from its beginning to the end. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). A simple misunderstanding shouldnt lead to charges on your permanent record. Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. The offense is committed against a teacher, student, or other school personnel. There are many things you should look out for when seeking the services of a criminal defense lawyer. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. We use cookies to ensure that we give you the best experience on our website. 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. Georgia Criminal Lawyer- What is a Preliminary Hearing? In many cases, they have been professionally trained. Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. 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. It is best to start with a good lawyer so you can receive the best defense possible. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. When Should you Seek the Services of a Criminal Defense Lawyer? Also, the prosecution should not be harassed at any time. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. No. , has the experience you need to deal with your charges. This assault may have occurred by use of a deadly weapon or some sort of object (e.g., an aluminum soda or beer can) that is likely to inflict a serious injury. But do you know how these systems work? For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. You are not in control of whether or not the state chooses to drop the assault charges. How Do Georgia Courts Determine the Bail Amount? 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. to give you the legal defense that you require. 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. You also need to have a record of taking cases that are difficult for you to win and winning or having a good argument for why the verdict was the way it was. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. What About Restraining Orders? 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. What Are Drug Offenses in Georgia? If not, this article is going to help a lot. Certain circumstances can elevate the charge (s), to a misdemeanor with a high and aggravated nature, some of these include: If the person commits the offense of assault in a public transit vehicle, If domestic violence occurs; or If the victim is a correctional officer, firefighter, police officer, a teacher, an elder, or pregnant. Jarrett Maillet J.D., P.C. face. Criminal lawyers are often hired through either the prosecution or the client. Legal aid is a public service provided by public agencies that offers lawyers to the indigent criminal defendants. She has a record of misdemeanors but no felonies and is scared to go to prison. The crimes are filed through governmental criminal cases. 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. 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