Next, it's essential to make sure your civil lawsuit is started. Can aggravated assault charges be dropped in Tennessee? The Right Kind of Lawyer: There are many different types of criminal defense lawyers. In Georgia, simple assault is a misdemeanor charge. Defined as any form of touching without the other person's consent. 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. How Much do Criminal Defense Lawyers Charge? If the offense involves the use of a firearm, the minimum prison sentence increases to 10 years. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison An effective criminal defense lawyer can help you in several ways. These people are usually contracted individually or through a private firm, which can be either one or the other depending on state laws. 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. This information may include personal data and an account of his or her offense, experience with substance abuse, psychological state, and family situation. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. Battery is when the person who has been physically hurt by another person. 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. Her ex girlfriend is now being charged with aggravated assault. During an assault, emotions run high. An aggravated assault allegation means that the accused is alleged to have produced a deadly weapon in committing an assault or caused the severe bodily injury in the course of an assault. Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. Jarrett Maillet J.D., P.C. In the state of Georgia, an incident qualifies as assault when the aggressor attempts to cause the victim harm. Joseph . the court will impose a minimum sentence of three years in prison, depending on the victim. They can also help you in other matters between you and the government or company employees. Four good reasons to indulge in cryptocurrency! If you are interested in becoming a lawyer, it is important that you target states that have the proper conditions for practicing law. Aggravated assault generally applies to a situation where the assault included the intention to rape, rob, or . 480-744-7711or[emailprotected]. When Should you Seek the Services of a Criminal Defense Lawyer? What Are The Most Common White Collar Crimes and Penalties? If charges aren't dropped, often times they can be reduced. Code Sections: Simple Assault: O.C.G.A. See below for an in-depth guide on all the things that you need to know about an aggravated assault in the state of Georgia. 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. In cities such as Savannah Georgia, the rules of court provide that a defense lawyer may be excluded from the courtroom if he or she is deemed to have acted inappropriately. The most important thing to remember is that you can get a criminal defense lawyer at any time. Criminal charges are brought by a District Attorney or Solicitor on behalf of the victim, who is just a witness in the case like anyone else. The significant role played by bitcoin for businesses! Criminal defense lawyers are generally employed by the state or sometimes a private entity. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. Any device, weapon, or instrument used against another person to cause serious bodily harm. Do you know where and how to ask for help? The penalties for a drug crime depend on what type of drug you were convicted of possessing or selling, as well as the amount of the drug in your possession. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | They will also be able to help you in all aspects of your legal case, from its beginning to the end. The 3rd Mistake To Avoid With Your Car Accident Case- Recorded Statement, The 2nd Biggest Mistake You Can Make With Your Car Accident Case, The Biggest Mistake You Can Make With Your Accident Claim, Follow These Steps To Protect Your Georgia Motorcycle Accident Claim, Just Give Me A Lawyer Dog- Georgia Criminal Defense Lawyer, Georgia Injury Lawyer: Whats the Takata Airbag Recall All About. Also, the prosecution should not be harassed at any time. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. If youve been charged with aggravated assault in Savannah or the surrounding area, contact us today for a consultation. The offense is committed against an elderly person 65 years of age or older. 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. 18 Jan 2023 21:54:53 If you're looking for more of a general resource, try visiting a nearby police station or community center. a crime that was committed with the intent of harming someone else. The offense also qualifies as domestic violence. An aggressive defense is your best option, and may result in the eventual dismissal. Yes, getting a criminal defense lawyer is worth it. The jail is where you will be taking your first steps into the judicial process. 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. Keep an eye out for potential threats and take appropriate action as needed. 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. 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. It could set your case back and cause your sentence to be increased. The sentencing for convicted domestic abusers depends heavily on the type of abuse committed, as well as how many previous convictions the defendant has, if any. 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. 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. Joanasie Akumalik was charged with aggravated assault on June 13. The criminal justice system is intended to prevent crime and punish those who commit it. Copyright 2023 Canterbury Law Group. 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. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the 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 . Furthermore, always remain aware of your surroundings; don't walk alone at night, and don't stand too close to someone else who looks like they might pose a threat. If you delay, it might be very difficult to get the best result in court and will make your case much more complicated than it already is. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties aggravated assault? 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. You need to provide information that your case might be tried in court. With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. Because assault is a crime, the state does not need your permission to bring criminal charges. The aggressor also may or may not commit aggravated assault by way of strangulation. 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. 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. Your email address will not be published. As with regular battery, family battery convictions are considered a misdemeanor for the first offense. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. Some law firms tell people what they want to hear. It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. What Is Aggravated Assault? to give you the legal defense that you require. PRIVACY POLICY | As an offender, you will likely go through various courtrooms. A person sentenced for aggravated assault can beat such charges in the following situations: If the assault was aimed at self-defense or the defense of another person, an offender might be able to beat aggravated assault charges under the law. They can fight back against the prosecution and work with you on your case. Aggravated Assault Defined in Georgia. 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. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. You can try going to city hall or some other government office and asking for help. 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. Once it is used, it can never be used again. An aggravated assault charge is considered a felony in Georgia. What Are Drug Offenses in Georgia? Georgia Criminal Lawyer- What is a Preliminary Hearing? No. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. Assault is the intentional act causing a person to fear they are about to suffer physical harm. Have your criminal law firm on your side if you want to try and win in a court of law. This can take a few months, so be patient. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, If youve been charged with aggravated assault in the state of Georgia, its important to know your options. What might help mitigate some of the challenges ahead? What Do I Need To Know Before Taking A Breathalyzer Test? Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. The legal defense party represents the charged individual so anything the victim may share with this individual may later be used at trial. Trafficking: Selling drugs to others. It Takes an Experienced Criminal Defense Lawyer. 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. And that's where having a criminal defense lawyer in action comes in. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, As the saying goes, justice delayed is justice denied. It is important that you speak with an attorney immediately. 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. What About Restraining Orders? Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions. The American criminal justice system is based on three pillars: Prosecutors, Judges and Prisoners. Our lawyers provide clients with straightforward, honest assessment of their cases. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. Even if you don't have gone to city hall, there are many different ways you can go about trying to get a criminal defense lawyer. DISCLAIMER | National Criminal Defense College Qualification Requirements In order to qualify for a college certificate, you must have passed an entrance test and have been practicing law for a minimum of two years. If you choose to plead guilty, a lawyer may represent you in court. Those who are accused need to be very quiet and controlled so additional complications do not arise with law enforcement. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. 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. Our primary goal is to challenge the definition of aggravated assault. 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. Georgias Family Violence Act (O.C.G.A. There are many reasons why getting a criminal defense lawyer is important. 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. fight and beat the charges against you with the help of an experienced criminal defense lawyer. Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. General resource, try visiting a nearby police station or community center a legal guardian can represent you court... 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