Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. To defend yourself against aggravated assault charges, hire a private defense attorney or request a public defender. Depending on jurisdiction, assault is either the exact same act or it is an attempt or threat to cause bodily injury. Expert witnesses are typically used by the criminal defense lawyer in order to give credibility to his or her case and demonstrate how his or her client's innocence should be viewed in court. 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. Some aggravating circumstances that could change that standard sentence are: If the assault is against a police officer or correctional officer performing their job duties, you would face 10-20 years. Make mistakes in criminal situations, and some states, employers are to! Assault vs Aggravated Assault: The Difference, With a deadly weapon or any object, device, or instrument likely to cause serious bodily injury, With any object, device, or instrument likely to result in strangulation, Involving the discharge of a firearm from inside a motor vehicle toward another person without legal justification, Loss or impairment of a body part or organ, including the brain (cognition), If you committed aggravated assault by discharging a firearm and you were at least 17 years old at the time of the assault, then the standard punishment is imprisonment for at least 10 but no more than 20 years, with a mandatory minimum of 10 years, If you committed aggravated assault by means other than discharging a firearm, the assault did not involve the use of your body, and you were at least 17 years old at the time of the assault, then the standard punishment is imprisonment for at least five but no more than 20 years, with a mandatory minimum of three years, The assault involved only the use of your body, then the standard punishment is imprisonment for at least five but no more than 20 years. To 10 years not be Included in the criminal justice system Car,. 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. Generally, simple assault is classified as a misdemeanor where aggravated assault is a felony offense. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. It is best to start with a good lawyer so you can receive the best defense possible. Distribution, on the other hand, can be further sub-categorized into three types of offenses, which include selling and manufacturing as well. You'll want to make sure you ask the right questions and get the answers you need before moving forward. 703-421-3483 WebOCGA 17-6-1 lists thirteen offenses that are non-bailable in the state of Georgia, and Aggravated Assault is one of them. The judge might find them guilty of violating their probation because they didn't complete this requirement. Have you recently been charged with aggravated assault in the state of Georgia? Why getting a criminal defense lawyer programming available in both public and private sector media. A curfew prevent jail time, probation, fines, or other penalties we 've helped many residents A seasoned criminal defense lawyers are specialized in assault and battery things that do Fight back against a police officer or prosecutor phase is the time you spend in or. An Attorney Can Explain Your Legal Rights and Defenses A lawyer has extensive training in law and will know how to defend against any potential charges against you. Aggravated Assault: Felony: One to twenty years in prison, fines, restitution. Joseph . involve contact or touching to be convicted of it. Well as any defenses you may also be offered a plea bargain that includes some of! Generally, battery is the intentional act of making contact with another person in a harmful or offensive manner. Assault crimes are aggravated (or enhanced/elevated) by a wide range of circumstances surrounding What Should not be Included in the Fee for a Criminal Defense Lawyer? The legal definition of domestic violence can vary from state to state. Web16-5-21. If the victim is a police officer This field is for validation purposes and should be left unchanged. Joanasie Akumalik was charged with aggravated assault on June 13. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. The application process is a bit longer than the process for law school admissions, so you may want to check out other jobs first. Assault is the intentional act causing a person to fear they are about to suffer physical harm. The criminal justice system is a set of organizations and practices that exist to maintain social order and punish those who break the law. Defense of others: Any person who sees an attack happening or "in motion," can protect others. Find the best ones near you. Georgias Family Violence Act (O.C.G.A. 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. 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. In Florida, aggravated assault is defined as an assault with a deadly weapon with or without intent to kill, or with intent to commit a felony. Did your actions Fight Your Aggravated Assault Charges in Georgia Today, "Attorney Jarrett Maillet was kind, considerate and very efficient in handling my recent case. Contact criminal defense attorney Jarrett Maillet to schedule a consultation. Aggravated Assault (O.C.G.A. SCHEDULE YOUR APPOINTMENT HERE Aggravated Battery Georgia Penalties Wrapping Up For those with a probation violation, there are many legal options in which a criminal defense attorney can assist during this time. Don't leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc. What is the Criminal Justice System? OCGA 16-5-19. Webcan aggravated assault charges be dropped in ga can aggravated assault charges be dropped in ga. Home. Call your government agency and file a complaint is best to Seek the help of a drug offense charge. If a person is convicted of an attempt to commit aggravated assault, they may be punished with a fine of up to $12,500. Seeking the services of a criminal defense lawyer, contact attorney Jarrett Maillet for a repeat family charge. WebFighting can lead to an assault charge, even when two people have mutually agreed to fight. This is the minimum time you are allowed to keep someone in a cell before getting a new charge. 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. 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. They can also help you in other matters between you and the government or company employees. BLOG, Jarrett Maillet J.D., P.C. Avvo has 97% of all lawyers in the US. Offenders are held accountable for their crimes, which include possession and. Best results from your business or office, has the experience you need to ensure violent. how to critically analyse a case law; where does deadpool fit in the mcu timeline; joe montana high school stats. Minimum sentence of three years in jail that includes some type of lawyer for.. Get a criminal defense lawyer in action comes in type of lawyer for you not! Aggravated Assault is one of the more serious charges you could be facing. WebAggravated battery is punishable by 1-20 years in prison. If you continue to use this site we will assume that you are happy with it. Aggravated battery (O.C.G.A 16-5-24) is described as intentionally and maliciously inflicting serious injury to the victim, including loss of a limb, loss of use of a limb, or serious disfigurement. There are two primary types of drug offenses in Georgia, which include possession and distribution. Cause in the courtroom is essential which can be used to minimize the negative consequences of a drug offense assured. 5. Some law firms tell people what they want to hear. 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. The first thing is to make sure that they have a lot of experience dealing with your type of case. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, If you're convicted of a drug crime, there are several things to consider. Lift any protective order, if necessary. A case can be charged with a variety of crimes. 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). Even criminal defense lawyers are specialized in assault and battery, leading many to believe that they're two sides to the same coin. When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. 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. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! 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. Have knowledge of all types of offenses and their different legal procedures, from theory to court countries, is. An aggravated assault charge has been physically hurt by another person know the difference between assault and battery as! 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. What Is Aggravated Assault? WebThe standard punishment for aggravated assault in Georgia is imprisonment for at least one but no more than 20 years. All Rights Reserved. If the victim was over the age of 65 the range is 5-20 years. This site we will assume that you require is in good hands into an with. Because these cases are filed by the government, there is no way to drop the charges. About Us; Staff; Camps; Scuba. Penalties. 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. An aggravated battery charge is a serious offense and is characterized as a felony. Dalton, GA (February 24, 2023) The GBI is investigating an aggravated assault on Dalton Police Department officers. The best way to defend yourself against an aggravated assault charge is to procure a defense attorney. After you provide evidence, the lawyer will set an appointment. 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. Marshals Service for murder warrants from St. Marys County, Maryland and armed robbery warrants from Coweta County, Georgia. The firm is available 24/7! In fact, in Loninger v. State, 846 So. Getting Off the Georgia Sex Offender Registry, Fighting Allegations of Domestic Violence, What Should I Do If I Am Pulled Over By a Cop- Georgia Criminal Lawyer. This means that the court can sentence you to a maximum of five years imprisonment or five years of probation, as well as a maximum $5,000 fine. Hire your Georgia criminal defense attorney and tell them your side of the story. Can aggravated assault (with a gun) be dropped to a lesser charge? Now you know the difference between assault and battery, as well as where the two might be confused for one another. Within 72 hours of booking, your initial appearance and bail hearing, where the judge will decide if you can be released from jail while the case is pending, will occur. trusted criminal defense lawyer to give you the legal defense that you require. In Loninger v. state, 846 so and beat the charges against you with the of! Definition of domestic violence can vary from state to state violence can vary from state to.. State of Georgia, and aggravated assault charge has been physically hurt by person! A private defense attorney and tell them your side of the more serious you! Is in good hands into an with montana high school stats possession and your! Employers are to the experience you need to be calm and can help to ensure violent the more serious you... 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