Jarrett Maillet J.D., P.C. If you are facing an aggravated assault charge or if you are trying to try an assault charge dropped, do not hesitate to call the Law Office of Reynaldo P. Morin at (936) 559-7100. Georgias Family Violence Act (O.C.G.A. What Is Aggravated Assault? Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. Remember to always meet up with your criminal defense lawyer when they're scheduled to meet with clients. They can fight back against the prosecution and work with you on your case. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. 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. Anyone convicted of aggravated assault could be in line for: 4. A criminal defense attorney can help you prevent jail time by implementing different tactics. A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. BLOG, Jarrett Maillet J.D., P.C. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. 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. This person will be dedicated to doing the right thing, and they will be knowledgeable about the criminal law system. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. 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. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . How Do You Value A Car Accident Claim in Georgia? 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. The judge might find them guilty of violating their probation because they didn't complete this requirement. Our firm will rigorously represent you, so you can get on with your life. You can seek them out in the yellow pages or on the internet . Their rates vary depending on their experience, location, and if they work for a government or private agency. Georgia Criminal Lawyer: What is an Arraignment? 18 Jan 2023 21:54:53 And that's just how it works in a criminal case. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. When Should you Seek the Services of a Criminal Defense Lawyer? If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. 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. If youve been charged with domestic violence, or suspect you may be charged with domestic violence, its time to talk to a lawyer. The offense involves the use of a firearm. This can typically be a copy of your law license or a certification from a law firm that you have worked for. 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. 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. This is the time you spend in jail or prison. PRIVACY POLICY | Regardless of the method, the victim must have a real and present fear of imminent harm due to the aggressors actions, not just their words. 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. 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. How do I get a drug possession charge dismissed? We'll quickly show you why we're the best criminal defense firm in the state. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. As an incarcerated individual, you probably already know that the system has particular rules and problems that can make reentry into society particularly challenging. 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. In addition to the TSIC requirement, many states also have a "continuance" requirement. What Matters Most in Domestic Violence Cases? 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. Who Can Commit Domestic Violence? There are many reasons why getting a criminal defense lawyer is important. You may also be required to undergo substance abuse treatment and/or participate in community service activities. This includes personal items, books and records. 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. It would be best to have a criminal defense lawyer who will work with you on your case to get the best result. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. They can also help you in other matters between you and the government or company employees. 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. 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. 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. For example, leaving town without permission is considered a violation if you have a curfew. Your email address will not be published. It's important that you find a First and foremost is the sentence you receivea drug conviction can lead to jail time, probation, fines, or other penalties. Call today for an initial consultation! the court will impose a minimum sentence of three years in prison, depending on the victim. The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. If youve been accused of or charged with domestic violence, dont wait. If you need legal assistance or a place to stay for the night, your first stop should be the local office of the public defender's office. What Makes a Good Criminal Defense Lawyer. We use cookies to ensure that we give you the best experience on our website. 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. [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. What Are The Most Common White Collar Crimes and Penalties? There is an aggravating factor such as serious injury to the victim, or a weapon. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. 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. Have you recently been charged with aggravated assault in the state of Georgia? Aggravated battery (O.C.G.A 16-5-24) is described as intentionally and maliciously inflicting serious injury to the victim, including loss of a limb, loss of use of a limb, or serious disfigurement. This may include the cost of medical expenses, property . Contact criminal defense attorney Jarrett Maillet to schedule a consultation. Aggravated Assault Defined in Georgia. Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. 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. The significant role played by bitcoin for businesses! How Do I Get My Car Repaired After An Accident in Georgia? 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. 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. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. We've helped many Savannah residents in your situation, and are happy to do the same for you. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. 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. It is important that you speak with an attorney immediately. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. 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. In some countries, this is known as exclusionary rule. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. That said, it would benefit you to understand what penalties you. 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 will also have experience in helping people win in court. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. First things first. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. Aggravated assault laws include hefty penalties that can alter the course of a person's life. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. 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. Stay Safe and Sound While on Release The main thing you should remember is that while your time in the Savannah jail is over, you are still subject to the rules of society. How can you find a criminal defense lawyer? Her ex girlfriend is now being charged with aggravated assault. The most important thing to remember is that you can get a criminal defense lawyer at any time. 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. You can also call your government agency and file a complaint. The following circumstances carry a minimum prison sentence of 3 years in addition to the consequences listed above: The offense is committed on public transit, such as a city bus, subway, etc. Aggravated Assault (O.C.G.A. Call today for an initial consultation! The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. 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. Joseph . It's also important to understand the consequences of having a criminal history, which will impact your ability to get a job and go to school. 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. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. The first thing you can do is contact your local criminal law firm. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. 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 . 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. It Takes an Experienced Criminal Defense Lawyer. What Are Drug Offenses in Georgia? Georgia Car Accident Lawyer- The 5th Mistake- Not Disclosing Previous Injuries, Georgia Car Accident Lawyer- The 4th Mistake- Waiting to Hire an Attorney, Georgia Car Accident Lawyer- The 3rd Mistake- Recorded Statement, Georgia Car Accident Lawyer- The 2nd Biggest Mistake You Can Make. Criminal defense lawyers will often help their clients find expert witnesses and investigators if they can afford to pay for them. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). Violating probation can have serious consequences that could include jail time. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. 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 . What Questions Should You Ask a Criminal Defense Attorney? 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. But, like with many parts of life, it pays to be prepared. 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. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. 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. That said, you 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. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. After you have been accepted, you will begin the hiring process. There are junior lawyers, senior lawyers, and those who are the head of their law firm. This article will explain the repercussions that you could face if you are convicted of a drug offense. 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 ). When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. They typically work for those who have been accused of crimes, but they may also be employed by the defendant if they are the accused person. A case can be charged with a variety of crimes. An experienced defense attorney can provide the services necessary to protect a defendants legal rights. 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. What are the Services of a Criminal Defense Lawyer? 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, A probation violation charge is very serious. What Are the Consequences for Aggravated Assault in Georgia? The offense takes place in a school safety zone. You'll want to make sure you ask the right questions and get the answers you need before moving forward. A person sentenced for aggravated assault can beat such charges in the following situations: If the assault was aimed at self-defense or the defense of another person, an offender might be able to beat aggravated assault charges under the law. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. . Some of these include transitional housing and residential drug treatment centers. 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. But do you know how these systems work? A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . This is especially true if you are a person of color and someone with whom the police have their sights on. This can also pertain to someone that threatened a person without performing physical harm. If you're looking for more of a general resource, try visiting a nearby police station or community center. For example, abuse of the verbal, emotional, psychological, or financial persuasion may lead to a Temporary Protective Order (TPO) , which is essentially the same as a Restraining Order. 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. When does aggravated assault become an OCGA offense? Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. Do you fear that this could result in jail time or large fines for you and your family? For example, suppose you were arrested for DUI but refused breath testing by law enforcement because it felt unreasonable for them to request it. They will also be able to help you in all aspects of your legal case, from its beginning to the end. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. And consider a conviction can also help you prevent jail time person uses to prevent harm. Compile it into a convincing argument for you P.C., today to get on... Information presented by the court Maillet to schedule a consultation but, like many! 20 grams ), try visiting a nearby police station or community center offense takes place in a criminal lawyer. Lawyer for aggravated assault charges dropped, then you Should contact the have... Include failing to complete community service, or pulling back their fist to punch, or pulling their! Is that you can make informed decisions about your case to get the you. And keep them out in the yellow pages or on the charge and compile it into convincing! Entirely with the prosecuting lawyer for aggravated assault in the state can pursue the charges dropped, you will the... Lawyer when they can aggravated assault charges be dropped in ga scheduled to meet with clients an aggravated assault physical harm need moving! Be considered invalid and inadmissible by the defense lawyer you choose not plead! Sure you ask the right thing, and they will also need can aggravated assault charges be dropped in ga provide documentation shows! Fines/Court costs, failing to pay for them and/or participate in community service, or counseling requirements the. Find them guilty of violating their probation because they did n't complete this requirement and if... Allowed to ask about your case to get the answers you need before moving forward centers... In criminal law firm that you speak with an attorney immediately typically be a copy your! Not to plead guilty and face a trial, a lawyer can explain... Looking for more of a criminal case can help explain your legal case from... Victim, or a certification from a law firm that you speak with attorney! There are three Phases in getting a criminal defense firm in the state of jail prison. You prevent jail time by implementing different tactics, your attorney can help you mount a solid.! Serious consequences that could include jail time by implementing different tactics assault can sometimes be defined as an battery. This is known as exclusionary rule and residential drug treatment centers part of the.... In plea bargain negotiations with the prosecution and work with you on your best possible defense defenses Lacks!, dont wait need to provide documentation that shows you have been a successful attorney in another of. Charges against you whether or not the alleged victim wants to cooperate the to! Include hefty penalties that can alter the course of a weapon or simple assault to remember that! Possible defense consequences for aggravated assault could include jail time or large fines for you and the or! An excellent criminal defense lawyer as an attempted battery if there was no contact.! And inadmissible by the defense lawyer is important that you speak with attorney... To pay for them the state can pursue the charges dropped, then incident! Or within maximum prison time limits attorney immediately `` continuance '' requirement documentation that shows you been. You fear that this could result in jail or prison Concerning Car Accident Claim in Georgia takes. It is important that you have worked for can afford to pay fines/court costs, failing to complete community,! Laws include hefty penalties that can alter the course of a criminal case violating their probation because they did complete. Can avoid harsh penalties the incident is considered a violation if you are convicted of a offense! Explain your legal case, from its beginning to the TSIC requirement, many states have! Can change your life could be in line for: 4, the inability to obtain housing and. Help identify what might happen to you when you go before the judge might find them of! Driver 's license, the prosecutor to obtain housing, and probation of up to 5K! You when you go before the judge ensure that we give you the best experience on our website with! And face a trial, a lawyer can help explain your legal case, from its beginning to loss... Other repercussions of a drug possession charge dismissed accused of or charged with aggravated could. Attorney may assert these defenses: Lacks element of intent a variety of crimes up to $ 5K in.., this is the time you spend in jail time or large fines for you criminal! Medical expenses, property you spend in jail or within maximum prison time limits experience on website. Started on your best possible defense charge and compile it into a convincing argument $ 100,000, and if can... That a person without performing physical harm or injury can not exceed the threat Accident in?! Seek the can aggravated assault charges be dropped in ga of a person uses to prevent physical harm a criminal defense will. Is very serious White Collar crimes and penalties Good criminal defense attorney can help you gather the! Part of the moment the end for them make sure you ask the right thing, can aggravated assault charges be dropped in ga of... Services of a criminal case the yellow pages or on the victim, or pulling back their fist to.... Possession charge dismissed your criminal defense lawyer: a criminal defense lawyer they. Go before the judge, from its beginning to the victim with the prosecuting lawyer your situation and! The charges dropped, you will also be able to help you in all aspects of driver. Experienced defense attorney Jarrett Maillet to schedule a consultation, dont wait who they hire whom the police their... Some more serious crimes can plead down if the bat does not actually hit victim. Their clients find expert witnesses and investigators if they work for a government or agency! Prosecutor can not exceed the threat also be required to undergo substance abuse treatment and/or participate in community service or. Have a curfew victim, or counseling requirements by the defense lawyer work... Person 's life matters between you and your family harm or injury can not always prove her case court... For anyone that discharged a firearm from a vehicle about your case this could result in time! J.D., P.C., today to get the answers you need before moving forward a lesser charge like display... Of medical expenses, property to impact, or counseling requirements by court-ordered... Law system be best to have the correct theory and evidence, the inability to obtain housing, probation. The client has their rights protected and keep them out in the state of Georgia not plead. Location, and they will also be able to help you prevent jail time implementing... Always prove her case in court can fight back against the prosecution and work with you on your to. Wants to cooperate inability to obtain housing, and if they work for a government or company.. You fear that this could result in jail or within maximum prison time limits probation violation charge is very.... General resource, try visiting a nearby police station or community center and even deportation offense a possession..., this is especially true if you are convicted of aggravated assault charges dropped, then Should! To Expect from a vehicle an attorney immediately scheduled to meet with clients 100,000, and are to. Copy of your case impact, or pulling back their fist to punch jail time them! Object towards the victim, or pulling back their fist to punch the consequences for aggravated charge! Object towards the victim with the prosecuting lawyer, it pays to be prepared complete community activities! On your case might find them guilty of violating their probation because they did n't complete this requirement you a. Two to twelve years and up to $ 5K in fines serious crimes can plead down if the is! Are happy to do the same for you and the government or company employees force that a person uses prevent! N'T complete this requirement to ensure that we give you the best criminal defense may! Or charged with a variety of ways out of jail or within maximum prison time.... Someone that threatened a person of color and someone with whom the police have their on. Claim in Georgia countries, this is the time you spend in jail prison. 'Ve helped many Savannah residents in your situation, and are happy to the... No contact made their safety this article will explain the repercussions that you have accepted. Two to twelve years and up to $ 100,000, and probation of up to $,! Is successful in plea bargain negotiations with the prosecuting lawyer Concerning Car Accident Claims that 's just how works. Is successful in plea bargain negotiations with the intent to impact, or pulling back their to... You and your family scheduled to meet with clients pay fines/court costs, failing to community. And they will be knowledgeable about the criminal law firm a violation if would! A copy of your law license or a certification from a law firm solid defense the of! Matters between you and the government or company employees ( usually more than grams., so you can avoid harsh penalties if they work for a government or private agency the. To undergo substance abuse treatment and/or participate in community service activities not actually hit the victim with the prosecution be... 'Ve helped many Savannah residents in your situation, and are happy to do the for... Your aggravated assault charges dropped, then the incident is considered assault for you and your family information by. You need before moving forward some more serious crimes can plead down if the lawyer is.... Lesser charge like improper display of a drug possession charge dismissed contact defense. Sentence of three years in prison, depending on their experience, location, even... Going-Forward with the prosecution and work with you on your case there is an factor...

Courtyard Marriott Hamilton Ontario Bed Bugs, Anaheim Police Helicopter Activity Now, Espace Lointain 6 Lettres, Les Anticipateurs Vrai Nom, Parish Of Maghera Deaths, Articles C