When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. Violating probation can have serious consequences that could include jail time. Indeed, an experienced attorney can help you navigate the sometimes complicated legal system and receive the best possible outcome for your case. 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. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. They will also be flexible and willing to meet you wherever possible. It takes about one to two months to get a criminal defense lawyer in Savannah, Georgia. If not, this article is going to help a lot. The existence of off-the-record conversations between judges and the defense lawyers is controversial in many jurisdictions because it seems to offer an unfair advantage to one side in criminal trials. It's also essential to understand the legal process and know what you can ask for during the litigation process. Then, the aggressor swings a baseball bat at the victim. It's important that you find a 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. 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. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. Can aggravated assault (with a gun) be dropped to a lesser charge? You can also try seeking legal advice from an attorney who has experience in criminal defense. If this was your first offense for possession with intent to distribute marijuana, then it would likely be considered a misdemeanor instead, which means less severe penalties such as up to $1K in fines and/or up to 1 year in jail (GA Code Ann., 16-13-30). Website Design, Hosting, Maintenance & SEO by WebTechs.Net. Legal aid is a public service provided by public agencies that offers lawyers to the indigent criminal defendants. Now you know the difference between assault and battery, as well as where the two might be confused for one another. 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. BLOG, Jarrett Maillet J.D., P.C. How Does a Case Work? Georgia Criminal Lawyer- Should I Just Plead Guilty? Aggravated Assault (O.C.G.A. The minimum prison sentence graduates to 5 years for the following: The offense is committed against a correctional officer, firefighter, police officer, or officer of the court. They can help you on all levels, from theory to court. Such crimes are filed through the government criminal case process, making it impossible to drop. Even if you aren't applying for any government assistance or applying for jobs that require drug testing, you might still have trouble getting on life insurance or finding someone willing to give you a loan. The penalties for a conviction can include jail time, probation, and fines. If you are looking for a criminal defense lawyer in Savannah, Georgia, contact attorney Jarrett Maillet for a consultation. Doing so can help you build your case. They will be able to help with your case and teach you everything that you need to know about criminal trials and defenses. [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. They should also have experience working with the law enforcement agencies surrounding your business or office. Ask for Help or Resources Savannah is still a small, tight-knit community. 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. Because the charges are filed with the prosecutor through law enforcement, it is often too late to stop the case from proceeding forward. Criminal lawyers work on a contingency fee basis and are not entitled to receive a percentage of the client's recovered money in return for their services. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. It Takes an Experienced Criminal Defense Lawyer. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. He is an excellent lawyer and I would highly recommend him to everyone. If a person is accused of committing a crime, they will likely be arrested by the police and be offered the opportunity to have their charges reduced or dismissed in exchange for pleading guilty. TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, A criminal defense lawyer is a person who is appointed by the court or can act as a private counsel to defend a person accused of criminal violation . They can also provide alternative sentencing options for those who might otherwise face harsh penalties like prison. For example, say the aggressor gets into an argument with the victim and threatens to hurt them. First and foremost is the sentence you receivea drug conviction can lead to jail time, probation, fines, or other penalties. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. Clark County prosecutors shoulder 100% of the burden of proving your guilt in assault cases. Such crimes are filed through the government criminal case process, making it impossible to drop. 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. O.C.G.A. A good understanding of your criminal defense lawyer will help you get the best results from your time and money. The first phase is the process of creating the application. Georgia Criminal Lawyer- What is a Preliminary Hearing? 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. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. What Are the Consequences for Aggravated Assault in Georgia? If you're looking for more of a general resource, try visiting a nearby police station or community center. 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. Criminal defense lawyers are generally employed by the state or sometimes a private entity. 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. Georgia Injury Lawyer: My Case Is Six Months Old, Why Isnt Settled Yet? If the bat does hit the victim, causing them harm, the incident graduates to assault and battery. A good lawyer will make it as easy as possible for you to follow the law and be prepared for court. Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. 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). 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. 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. A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. A technique of gathering evidence is to establish a "dossier" on a particular criminal suspect or defendant. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. A Quick Guide to Georgias Criminal Defense Procedure. 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. They will also be able to help you in all aspects of your legal case, from its beginning to the end. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. The 3 Phases of Getting a Criminal Defense lawyer There are three phases in getting a criminal defense lawyer. trusted criminal defense lawyer to give you the legal defense that you require. Suppose the assault was taken in defense of one's property. 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). 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. We've helped many Savannah residents in your situation, and are happy to do the same for you. Anyone convicted of aggravated assault could be in line for: One thing to note: there are certain minimums for prison time depending on the type of aggravated assault that you've committed. Jarrett Maillet, J.D., P.C. The main reason to get a criminal defense lawyer is because they can help you in any way possible. Can simple assault charges be dropped in GA? Trafficking: Selling drugs to others. Youve probably heard the term battery as assault and battery. In fact, the two are used together often enough that most people dont realize they are actually separate charges. How to Apply for a Job as a Criminal Defense Lawyer If you are interested in becoming a criminal defense attorney, the first step is to apply for a job with the U.S. Department of Justice . 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: 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. First things first. 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. A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . What About Restraining Orders? Attempt to strangle a person with any object, device, or instrument. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). The first step after being charged should always be to contact a qualified aggravated assault defense attorney. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. Georgia Code Section 16-5-23 also outlines another form of aggravated assault, namely when the aggressor discharges a firearm in the direction of another person, granted that the aggressor does so from inside an automotive vehicle. Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? This is known as the "case record" requirement. 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. really fall under the correct definition of this crime? 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. 18 Jan 2023 21:54:53 This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . 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. Jarrett Maillet J.D., P.C. Even if you are a first-time offender, there is a real possibility that you will go to prison. Because assault is a crime, the state does not need your permission to bring criminal charges. What constitutes aggravated assault in Georgia? Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. What Do I Do When I Have A Warrant for my Arrest in Georgia? Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. This is the time you spend in jail or prison. 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. 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. Georgia Criminal Lawyer: What is an Arraignment? However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. 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. That said, it would benefit you to understand what penalties you. 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. This is known as the "record retention" requirement. Call today for an initial consultation! We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. 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. Aggressor swings a baseball bat at the victim contact the police or the prosecutor through law enforcement agencies surrounding business... 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