It is best to start with a good lawyer so you can receive the best defense possible. Any excess property and funds are subject to seizure. That said, you The offense is committed against a teacher, student, or other school personnel. There are also directories that you may be able to look through to find one in your area. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. Basically, any crime committed against a household member can be considered domestic violence. As an offender, you will likely go through various courtrooms. 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. In this article, we will discuss ways on how can a criminal defense attorney help with a probation violation Defending Against the Violation Itself A criminal defense attorney can help defend against the actual, alleged violation itself. What to Do If Youre Accused of Domestic Violence Domestic violence incidents are always complicated, involving a lot of personal context and extenuating circumstances. How Does the Criminal Justice System Work? The main distinction between the two is that battery. 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. I was facing 3 misdemeanor charges and got them all dropped on the condition that I do a small amount of community service, pay a fine, and don't get in any more . Jarrett Maillet, J.D., P.C. This can help get your case dismissed or have the charges reduced. How Do I Get My Car Repaired After An Accident in Georgia? Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. In such a case, the prison sentence is a minimum of 25 years up to a maximum of 50 years. 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. These are places that you can go to find a criminal defense lawyer. Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. Our firm will rigorously represent you, so you can get on with your life. 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. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. The LaGrange Police Department has corrected the identity of a woman arrested for aggravated assault and other charges after determining she gave police the wrong name when taken into custody . , is a seasoned criminal defense attorney with experience on both sides of the courtroom. Suppose the assault was taken in defense of one's property. Assault is the intentional act causing a person to fear they are about to suffer physical harm. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. Many attorney firms offer free consultations for criminal defendants who are facing legal issues and could use some advice on how to proceed from someone knowledgeable about the courts and their rights as a defendant in Savannah's criminal justice process. In most situations, criminal lawyers act as both advocates and investigators for their clients. What Are the Consequences of Domestic Violence in Georgia? 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. Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. Violating a TPO can result in a fine up to $1,000 or even up to 12 months in jail. This is where legal representation comes in. If you're facing a crime charge and don't have a criminal record or aren't sure about your legal case, it's always a good idea to enlist the assistance of a criminal defense lawyer. 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 addition: You could be barred from owning a firearm or working as a security guard. 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. As well as the type of charge, if it was possession or distribution with the intent to sell. 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. Trafficking: Selling drugs to others. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. 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? What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? 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. What to Expect from a Good Criminal Defense Lawyer: A criminal defense lawyer will work with you in all aspects of your case. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? 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. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . What are the Services of a Criminal Defense Lawyer? 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. 1. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. 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. To get started, please feel free to call us directly at 912-713-3426 and we will be happy to assist you further. Yes, an aggravated assault can be reduced to a misdemeanor if it is in a unique circumstance where it is a class VI undesignated offense. The legal definition of domestic violence can vary from state to state. This can typically be a copy of your law license or a certification from a law firm that you have worked for. 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. Dec 27, 2021, As in any city or town, there are certain places in Savannah where you are likely to be seen or to see certain people. In addition to these organizations, consider reaching out to one of Savannahs churches. What Do I Do When I Have A Warrant for my Arrest in Georgia? A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. If charges aren't dropped, often times they can be reduced. 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. An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. A criminal defense lawyer is experienced in both criminal and civil law. First and foremost is the sentence you receivea drug conviction can lead to jail time, probation, fines, or other penalties. 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. What Should not be Included in the Fee for a Criminal Defense Lawyer? 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. 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. And if you still need help after doing all that searching, contact an attorney. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, In Savannah, Georgia, criminal defense lawyers work hard to help people get the justice they deserve and are passionate about helping people fight to get the convictions they deserve. The main reason to get a criminal defense lawyer is because they can help you in any way possible. In that case, your lawyer may convince the prosecutor to only send you to drug rehabilitation instead of jail time. They assist in making sure the client has their rights protected and keep them out of jail or within maximum prison time limits. Aggravated Assault and Battery Penalties. Even if you are a first-time offender, there is a real possibility that you will go to prison. They will be able to help with your case and teach you everything that you need to know about criminal trials and defenses. How Long Does It Take to Get a Criminal Defense Lawyer in Savannah, Georgia? In the case of abuse of a minor, a parent or other legal guardian may file such a petition on behalf of the minor. Whenever you hear about assault, the term "battery" isn't too far behind. We are happy to help! Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. An exception to this rule would be parents of the same child. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. NO. Class D Felony: Imprisonment for two to twelve years and up to $5K in fines. 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. In Georgia, simple assault is a misdemeanor charge. 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. If you do not meet this requirement, you will not be able to serve your sentence. But what is 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. 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. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > can aggravated assault charges be dropped in ga You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. Criminal lawyers work together with other attorneys, expert witnesses and investigators in order to present a defense for the accused. They can help you on all levels, from theory to court. You can file a report with the police department or seek legal counsel. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. Criminal lawyers are involved in plea bargains where they negotiate with the prosecutor in order to get a reduction in charges or sentencing guidelines. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. If you are ever accused of a crime, it is best to seek the help of a criminal defense lawyer immediately. You will have a lot of options, and its important to keep in mind that many people in the city want to help you. This may be swinging an object towards the victim with the intent to impact, or pulling back their fist to punch. Any further offenses, however, will often result in harsher punishments than repeat offenses of the regular form of the crime would warrant. What Are the Consequences for Aggravated Assault in Georgia? 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. 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. face. We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. 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Don't wait until it's too late to contact the best criminal defense lawyer in your area. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. Third Offenses: If you are convicted of a third offense, the penalty may be a fine of up to $5,000 and/or imprisonment for up to five years. 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. What is the aggravated assault law in Georgia? That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. But what's the difference between the two? The third phase is the process of trying to get the case filed. 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. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. Ask for Help or Resources Savannah is still a small, tight-knit community. There are other factors that may elevate the possible sentence. Such crimes are filed through the government criminal case process, making it impossible to drop. Jarrett Maillet J.D., P.C. If youve been accused of or charged with domestic violence, dont wait. January 10, 2023. 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. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. When does aggravated assault become an OCGA offense? If you are interested in becoming a lawyer, it is important that you target states that have the proper conditions for practicing law. A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. 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. You need to provide enough information to identify that you are an appropriate client. This can be perpetrated with the hands or arm, with a weapon such as a garotte, or with some other object, such as the cord of a lamp. Read on to learn more about getting assault charges dropped. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. Do you fear that this could result in jail time or large fines for you and your family? 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