Seq., allows a defendant an opportunity to enter into a guilty plea before a Judge without being adjudicated guilty. Aggravated Assault Defined in Georgia. , has the experience you need to deal with your charges. The first thing is to make sure that they have a lot of experience dealing with your type of case. A Quick Guide to Georgias Criminal Defense Procedure. He is an excellent lawyer and I would highly recommend him to everyone. 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. The staff at the jail will fill you in on what to do next, as well as answer any other questions that come up during this time. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. In addition to having passed the test, you must have maintained a certain volume of cases and have won a certain number of cases. What Matters Most in Domestic Violence Cases? Are you Looking for a Criminal Defense Lawyer? Once we hear your side of the story, we'll give you legal advice on how to protect your case, then we'll start to build evidence with our vast network. 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. Doing so can help you build your case. The best way to do this is to read cases of how criminal defense lawyers are used in civil cases. 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. , is a seasoned criminal defense attorney with experience on both sides of the courtroom. 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 allows us to foresee certain obstacles in your trial and proactively build your case to combat them. Jarrett Maillet J.D., P.C. Because these cases are filed by the government, there is no way to drop the charges. 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. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. Joanasie Akumalik was charged with aggravated assault on June 13. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. 42-8-60, Et. If this option sounds appealing to you, keep in mind that it will still take some time before your record will be expunged because it must first be reviewed by a judge before it can be sealed permanently from public view by the Georgia Bureau of Investigation (GBI). A conviction can also result in fines, probation, and even jail time. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. It would be best to have a criminal defense lawyer who will work with you on your case to get the best result. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. 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. How Much do Criminal Defense Lawyers Charge? The intent to murder, rape, or rob another person. They know how to fight and how to lose. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. TPOs are court orders designed to protect victims from their abusers by barring the abuser from contacting them in any way. Do you know where and how to ask for help? This decision is entirely up to the lawyer responsible for the prosecution. In many cases, the person convicted of an aggravated assault crime will also have to pay restitution to the victims of the crime. 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. In that case, an attorney should be able to argue this point on your behalf so that the judge does not make a decision based on this technicality alone (assuming there's no other evidence). What Should not be Included in the Fee for a Criminal Defense Lawyer? Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. It's also essential to understand the legal process and know what you can ask for during the litigation process. For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. 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. must involve contact or touching to be convicted of it. The testimony of witnesses may be essential for the case and needs to be submitted as a written statement as soon as possible as it may clarify disputed issues. 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. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. A Texas grand jury has dismissed a criminal charge against a Houston man who was accused of hurling cans of White Claw hard seltzer at Sen. Ted Cruz during an Astros World Series parade. They should also have experience working with the law enforcement agencies surrounding your business or office. Trafficking: Selling drugs to others. Other objects, in this case, can include obvious weapons of opportunity, such as a crowbar or baseball bat, but can also include anything that can be used to cause additional harm, such as a beer bottle or coffee mug. Conclusion Savannah is a big city, and with that comes a big criminal justice system. 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. 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. Four good reasons to indulge in cryptocurrency! Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. This is especially true if you are a person of color and someone with whom the police have their sights on. In a criminal case, the charges do not belong to the victim, so the victim can't "drop" the charges any more than the victim could increase the charges. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, Most people think domestic violence can only occur between romantic couples, but in the state of Georgia, the legal definition of domestic violence is actually much broader. If you're looking for more of a general resource, try visiting a nearby police station or community center. The basic sentence for aggravated assault in Georgia is a minimum of one year in prison and a maximum of 20 years. 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. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. No. The more experience a lawyer has, the less they will charge per hour. They can also help you in other matters between you and the government or company employees. What Is Aggravated Assault? 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. How Do Georgia Courts Determine the Bail Amount? You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. The man was also arrested and charged with home invasion and aggravated assault in a separate incident in White County, Georgia. 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. For you to have that same opportunity, you need to know what face might show up in court on your behalf and how they can help as much as possible. Once it is used, it can never be used again. There are many points in the charging and sentencing process at which an experienced defense attorney can advocate on your behalf, and its vital to take advantage of all of them. Aggravated Assault Involving Discharge of a Firearm From Inside a Motor Vehicle For aggravated assault involving the discharge of a firearm from inside a motor vehicle and the victim is not a public safety officer on duty, the standard punishment is imprisonment for at least five but no more than 20 years. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. However, the best one for you will be the one who has experience in your case and can help you win. 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). If you continue to use this site we will assume that you are happy with it. Some of these include the right to housing, employment, education, public assistance, and more. We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more. Many people make mistakes in criminal situations, and hiring a lawyer is smart. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. Have your civil lawyer on your side if you want to try and win in a court of law. The main distinction between the two is that battery aggravated assault? This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C. And that's where having a criminal defense lawyer in action comes in. There are also directories that you may be able to look through to find one in your area. fall under the correct definition of this crime? 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. That includes the loss of a limb, disfigurement, or the inability to use a limb. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . If the intent is to murder, rape, or rob, its aggravated assault. The aggressor also may or may not commit aggravated assault by way of strangulation. You could even face prison time. Keep an eye out for potential threats and take appropriate action as needed. As such, you can rest assured your case is in good hands. 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 ). The American criminal justice system is based on three pillars: Prosecutors, Judges and Prisoners. This is the time you spend in jail or prison. Defined as any form of touching without the other person's consent. That said, you A good understanding of your criminal defense lawyer will help you get the best results from your time and money. Aggravated assault is a third-degree felony. FIND US ON THE WEB | The third phase is the process of trying to get the case filed. Our lawyers at Jarrett Maillet are here to help you through this difficult time, and we offer a free case evaluation so that you can get started on building your defense right away. 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 . 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. During an assault, emotions run high. A lawyer may provide expert witness testimony regarding whether their client should receive treatment instead of jail time or whether they were, in fact, guilty of the crime they were accused of committing after all. For example, say the aggressor gets into an argument with the victim and threatens to hurt them. January 10, 2023. The severity of your sentence depends on the type of drug that was involved and whether or not you have any prior convictions. 18 Jan 2023 21:42:26 Georgia Criminal Lawyer: What is an Arraignment? Legal services may be provided directly by public agencies or they may be developed and operated through partnerships with private organizations. Where to Go for Help in Savannah The criminal justice system can be difficult to navigate, but there are services and support available for you. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. What to Do If Youre Accused of Domestic Violence Domestic violence incidents are always complicated, involving a lot of personal context and extenuating circumstances. the court will impose a minimum sentence of three years in prison, depending on the victim. They will be able to prognosticate or predict what is going to happen in court, so that the defendant can be prepared for whatever might come up. face. 16-5-20: A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. They will also be able to explain what your legal rights are as well as any defenses you may have against those accusations. What Are The Most Common White Collar Crimes and Penalties? 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. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga A criminal criminal defense lawyer will have knowledge of all types of offenses and their different legal procedures. You should also make sure that they have been professionally trained and are up-to-date with criminal litigation. Indeed, an experienced attorney can help you navigate the sometimes complicated legal system and receive the best possible outcome for your case. What Are the Consequences for Aggravated Assault in Georgia? If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. They should also have to pay fines/court costs, failing to pay to! Also essential to understand the legal process and know what you can ask during... Is that battery aggravated assault by way of strangulation is actually called battery. 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