As well as the type of charge, if it was possession or distribution with the intent to sell. They will also be flexible and willing to meet you wherever possible. Even if you harmed another person, you can fight the notion that you intended toas Georgia aggravated assault laws state"intend to murder, rape, or rob" the claimant. 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. How much jail time do you get for aggravated assault? 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. Jarrett Maillet J.D., P.C. For example, when battery is committed against a household member, the offense is actually called family battery. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. 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. You can also ask friends or family members who they recommend and if they might have any knowledge of any lawyers in your area. A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. This is known as the "record retention" requirement. Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. You may be able to use this time to make a deal for reduced charges and/or other concessions or even just get the word out about your case. If there is, the case may be further complicated. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. There are two primary types of drug offenses in Georgia, which include possession and distribution. 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. 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. Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. If the victim is age 65 or older, a member of the offender's family, a law enforcement officer, a public school worker, or a pregnant woman, then it will be charged as a high and aggravated misdemeanor, which carries a maximum fine of $5,000. 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. Whats the Difference Between Assault and Aggravated Assault? Georgia Criminal Lawyer- What is a Preliminary Hearing? There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. " " indicates required fields. The crimes are filed through governmental criminal cases. Aggravated Assault Defined in Georgia. If youve been charged with aggravated assault in Savannah or the surrounding area, contact us today for a consultation. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. 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. What About Battery? These are typically located within the same building as other state offices. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. Ask for Help or Resources Savannah is still a small, tight-knit community. 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. What Do I Do When I Have A Warrant for my Arrest in Georgia? Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! If the bat does hit the victim, causing them harm, the incident graduates to assault and battery. Georgia Car Accident Lawyer- Driver at fault has no car insurance, who pays? 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. What to Do If Youre Accused of Domestic Violence Domestic violence incidents are always complicated, involving a lot of personal context and extenuating circumstances. Let's look at the definitions of both to make sense of it all. Criminal lawyers also ensure that their clients' rights are upheld throughout the trial process. This can also pertain to someone that threatened a person without performing physical harm. What makes aggravated battery a felony in Georgia? Battery is when the person who has been physically hurt by another person. They Can Help Reduce Your Sentence A criminal defense attorney might be able to negotiate with the prosecutor to reduce your sentence if you violated your probation. 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). Four different kinds of cryptocurrencies you should know. Domestic violence is, unfortunately, a broad category. It's important that you find a could Doing so can help you build your case. Website Design, Hosting, Maintenance & SEO by WebTechs.Net. This information may include personal data and an account of his or her offense, experience with substance abuse, psychological state, and family situation. 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. So, for example, an ex-partner abusing the ex-partner they no longer live with would still be considered domestic violence. If the intent is to murder, rape, or rob, its aggravated assault. Some law firms tell people what they want to hear. However, the best one for you will be the one who has experience in your case and can help you win. Because these cases are filed by the government, there is no way to drop the charges. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. How do I get a drug possession charge dismissed? They can fight back against the prosecution and work with you on your case. 42-8-60, Et. Contact criminal defense attorney Jarrett Maillet to schedule a consultation. 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. 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. 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. A former Iqaluit city councillor's aggravated assault charge has been dropped. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. There was a fight and this girl got hit in the head with a gun. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. Defined as any form of touching without the other person's consent. Aggravated assault is a third-degree felony. 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. To be considered a battery offense, the convicted party must have intentionally meant to touch the other person, have touched the person in an offensive spot, and lacked. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. Lastly, it's also essential to make sure your fraud case is started. These firms can help you get a legal case started and work with you on every level, from theory to court. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. If you plan on being in this city for any length of time, its a good idea to learn something about your surroundingsand the people who live there. 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. How to Hire a Good Criminal Defense Lawyer in Savannah, Georgia: There are a few things that you can do to get a good criminal defense lawyer in Savannah, Georgia. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? Such crimes are filed through the government criminal case process, making it impossible to drop. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. 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. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. As an incarcerated individual, you probably already know that the system has particular rules and problems that can make reentry into society particularly challenging. The main reason to get a criminal defense lawyer is because they can help you in any way possible. We use cookies to ensure that we give you the best experience on our website. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. Jurisdiction deals with how criminal offenders are charged and monitored. The first phase is the process of creating the application. The aggressor also may or may not commit aggravated assault by way of strangulation. 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? The criminal justice system is intended to prevent crime and punish those who commit it. Finding a criminal defense lawyer is not as complicated as you think. As such, you can rest assured your case is in good hands. A case can be charged with a variety of crimes. face. If the accused is guilty of committing an aggravated assault or battery on Public transit property or in a public transit vehicle, or, Against certain victims named in the statute such as a family member, intimate partner, person 65 years or older, a law enforcement officer, or a corrections officer, then. Code Sections: Simple Assault: O.C.G.A. 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. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. 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. Revenue-tagged criminals must always keep the minimum amount of property and funds in their cells. The offense involves the use of a firearm. If the offense involves the use of a firearm, the minimum prison sentence increases to 10 years. After you have been accepted, you will begin the hiring process. 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). Jarrett Maillet J.D., P.C. You will have a lot of options, and its important to keep in mind that many people in the city want to help you. 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 ). , it 's important that you find a could Doing so can help you win traffic violations etc... Individual may later be used at trial head with a gun they want hear... No longer live with would still be considered domestic violence is, the minimum sentence! 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