If there is, the case may be further complicated. How much jail time do you get for aggravated assault? Copyright 2023 Canterbury Law Group. The court can also order that your driver's license be suspended or revoked for up to one year. If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. The second phase is the process of talking about the case. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). You can also try seeking legal advice from an attorney who has experience in criminal defense. 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. And if you still need help after doing all that searching, contact an attorney. The criminal justice system is a set of organizations and practices that exist to maintain social order and punish those who break the law. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. Some of these include the right to housing, employment, education, public assistance, and more. 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. The offense involves the use of a firearm. Many people make mistakes in criminal situations, and hiring a lawyer is smart. You could lose your right to vote. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, A criminal defense lawyer is a lawyer who accommodates defense in a criminal case. You are not in control of whether or not the state chooses to drop the assault charges. Now you know the difference between assault and battery, as well as where the two might be confused for one another. Conclusion Savannah is a big city, and with that comes a big criminal justice system. 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. The court can also order that your driver's license be suspended or revoked for up to two years. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. When does aggravated assault become an OCGA offense? They know how to fight and how to lose. To get started, please feel free to call us directly at 912-713-3426 and we will be happy to assist you further. There are several programs available for former inmates. The more information they have about your case, the better they'll be able to represent your interests in court and ensure that you get the best possible outcome. Read on to learn more about getting assault charges dropped. Call today for an initial consultation! 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 (O.C.G.A. Our firm will rigorously represent you, so you can get on with your life. First things first. If you're looking for more of a general resource, try visiting a nearby police station or community center. This is the minimum time you are allowed to keep someone in a cell before getting a new charge. For example, let's say that a person was convicted of driving under the influence (DUI). 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. Importance of Georgia Criminal Trial Evidence, 5 Things People Should Know About Plea Bargains. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. While this may include a verbal threat, it must involve an actual physical movement. 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. The key word in these two definitions is attempt. Battery, on the other hand, is when the aggressor successfully manages to make contact with the victim, causing them harm. That said, it would benefit you to understand what penalties you. Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. NO. After your arrest, there may or may not be an indictment issued against you on the day or the next day. However, in any courtroom in Texas, experience, and knowledge of how the law works, has the biggest impact. The main reason to get a criminal defense lawyer is because they can help you in any way possible. 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. What is Domestic Violence? Some of these include transitional housing and residential drug treatment centers. Don't wait until it's too late to contact the best criminal defense lawyer in your area. You may also be required to undergo substance abuse treatment and/or participate in community service activities. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. They will also have experience in helping people win in court. 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). a crime that was committed with the intent of harming someone else. Our primary goal is to challenge the definition of aggravated assault. 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. No matter what the situation is, the first step after being charged is always to contact a lawyer. There was a fight and this girl got hit in the head with a gun. face. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. The offense is committed against an elderly person 65 years of age or older. Clark County prosecutors shoulder 100% of the burden of proving your guilt in assault cases. Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. Hire your Georgia criminal defense attorney and tell them your side of the story. A criminal defense attorney can help you prevent jail time by implementing different tactics. 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. This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. 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. Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle. There are two main components of the criminal justice system: Public safety and Jurisdiction Public safety is made up of the police force and the court system, which together work to minimize crime in society while maintaining public peace. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. 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. A criminal criminal defense lawyer will have knowledge of all types of offenses and their different legal procedures. 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 . 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 also some other general tips to keep in mind: Stay calm and collected during arrest-related events; do not resist arrest; cooperate with law enforcement officials; obey all police orders; avoid making dramatic moves that might draw attention from onlookers or passersby; wear appropriate clothing during court proceedings; and maintain contact with family members or friends back home so they can help support you if needed. These are typically located within the same building as other state offices. Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. Is it Worth Getting a Criminal Defense Lawyer? 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. 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 ). Georgia law refers to domestic violence as perpetrated against a household member. The Georgia Family Violence Act goes on to describe a household member as any person living or formerly living in the same household. You must also have a proven record of keeping and successfully maintaining a record of punishment and confinement. 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). 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. The offense also qualifies as domestic violence. If you have questions about the criminal justice system, the first place to go is your local jail. Often victims want the charges to be dropped. They also have experience in getting the best results from their case. Is it possible to have the charge dropped to a misdemeanor? Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. They are experienced in all types of cases, which means they know just what measures to take. This person will be dedicated to doing the right thing, and they will be knowledgeable about the criminal law system. If you need assistance from someone else (such as finding employment), reach out to Savannah Legal Services (SLS). We've helped many Savannah residents in your situation, and are happy to do the same for you. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. There are also directories that you may be able to look through to find one in your area. For one thing, it could affect your ability to get a job. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. In particular, you need to choose an attorney with experience in the type of case you are fighting. This can also pertain to someone that threatened a person without performing physical harm. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. Legal aid is a public service provided by public agencies that offers lawyers to the indigent criminal defendants. The judge might find them guilty of violating their probation because they didn't complete this requirement. They will also be able to explain what your legal rights are as well as any defenses you may have against those accusations. You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. could O.C.G.A. They can help you on all levels, from theory to court. PRIVACY POLICY | Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. trusted criminal defense lawyer to give you the legal defense that you require. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. The crimes are filed through governmental criminal cases. What Matters Most in Domestic Violence Cases? In general, aggravated assault charges, 2C:12-1b, are difficult to drop by their very nature. A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. The State can pursue the charges against you whether or not the alleged victim wants to cooperate. What About Restraining Orders? A good lawyer can also help by researching cases similar to yours to find out what happened in those situations. The DOJ has a great website that can help you find a job. They will also be able to help you in all aspects of your legal case, from its beginning to the end. It is punishable by up to 1 year in jail and up to a $1,000 fine. In Georgia, simple assault is a misdemeanor charge. 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. 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. There is a variety of criminal defense lawyer programming available in both public and private sector media channels. 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. 18 Jan 2023 21:54:53 In that case, your lawyer may convince the prosecutor to only send you to drug rehabilitation instead of jail time. After you provide evidence, the lawyer will set an appointment. The first step after being charged should always be to contact a qualified aggravated assault defense attorney. 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. This means that the victim of the assault does not have the authority to drop charges. Because these cases are filed by the government, there is no way to drop the charges. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. 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. However, the good news is that you do have options, and one of those is getting your record expunged. Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. Criminal lawyers should be aware of the possible defenses and mitigation factors in cases where their clients are charged with more serious crimes. What Questions Should You Ask a Criminal Defense Attorney? A drug offense conviction could make it harder for you to get credit. Contact us to schedule a consultation so we can start building your case today. Read on to learn more about getting assault charges dropped. 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 . Is There a Statute Of Limitations For Sex Crimes? As an offender, you will likely go through various courtrooms. This article will explain the repercussions that you could face if you are convicted of a drug offense. 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