Victims (or those claiming to be) also need to be calm and can help to ensure no violent action occurs. 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. During the course of a Cleveland Police Department investigation . 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. Jarrett Maillet J.D., P.C. He was sentenced to three to 10 years in state prison in 2018 after being found guilty on three counts of aggravated indecent assault of former Temple University employee Andrea Constand. What Are Drug Offenses in Georgia? If charges aren't dropped, often times they can be reduced. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! They know how to fight and how to lose. Is it Worth Getting a Criminal Defense Lawyer? What is the Criminal Justice System? When does aggravated assault become an OCGA offense? For example, say the aggressor gets into an argument with the victim and threatens to hurt them. Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. If you are on trial or in jail, you could end up in any number of courtrooms and jails in the city. 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). Sealing or Expunging a Criminal Record in Georgia, Types of Evidence Presented in Georgia Criminal Trials, Terry Stop versus Arrest Understanding the Difference in Georgia, Georgia Criminal Case Jury Selection Importance, Hit & Run Accidents: What You Need to Know About Georgia Law, Guilty Plea: Why You Should Not Do it When Youre Innocent, How the Legal Doctrine of Self-Defense Works in Carrollton Criminal Cases, How a Nolo Contendere Plea Affects Your Columbus Criminal Case, Main Types of Evidence Used to Prove Sex Crimes. can aggravated assault charges be dropped in ga. 20th or twentieth century scota daughter of zedekiah taika waititi sabrina my boyfriend isn't affectionate anymore. An experienced criminal defense attorney will also know how to handle your case so that it has the best outcome possible for your situation. Their rates vary depending on their experience, location, and if they work for a government or private agency. The amount of money they will be paid is determined by a standard fee schedule which may vary by state. These institutions are often well-versed in dealing with people in crisis situations because they have assisted so many people over time and have been doing so since before Savannah was even founded! The offense is committed against an elderly person 65 years of age or older. aggravated assault? 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. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. This is where legal representation comes in. 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. If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. If there is, the case may be further complicated. Call today for an initial consultation! However, our New Jersey aggravated assault defense lawyers can pursue other legal options if necessary. A criminal defense lawyer is experienced in both criminal and civil law. As mentioned, a common recourse for domestic abuse victims is a Temporary Protective Order (TPO), which, in the state of Georgia, is basically a Restraining Order. Contact criminal defense attorney Jarrett Maillet today to help you with your case. The first courtroom that you may go into is called the preliminary hearing. A conviction can also result in fines, probation, and even jail time. To successfully defeat charges of assault with a deadly weapon, your attorney may assert these defenses: Lacks element of intent. But, like with many parts of life, it pays to be prepared. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: with an experienced Georgia criminal defense lawyer. First and foremost is the sentence you receivea drug conviction can lead to jail time, probation, fines, or other penalties. These requirements can make it very difficult for people to become full-time members of the legal profession. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | General Probation: This option requires no special conditions or requirements other than following all laws while on probation (which includes not possessing or using illegal drugs). You have two main optionslet's take a look at each one individually: Drug Court Program: A drug court program requires strict compliance with certain conditions in order to complete the program successfully and have your record expunged. 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. He resigned from city council on June 22, after serving close to 10 years. The criminal justice system is intended to prevent crime and punish those who commit it. If youve been charged with aggravated assault in Savannah or the surrounding area, contact us today for a consultation. Other objects, in this case, can include obvious weapons of opportunity, such as a crowbar or baseball bat, but can also include anything that can be used to cause additional harm, such as a beer bottle or coffee mug. The first thing is to make sure that they have a lot of experience dealing with your type of case. Other violations include failing to pay fines/court costs, failing to complete community service, or counseling requirements by the court-ordered deadline. For instance, an experienced criminal defense lawyer may command a lower hourly rate than an inexperienced lawyer with less experience. They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence. Georgia Could Raise The Age At Which A Child Could Be Tried As An Adult, Getting Back On Track After a DUI Conviction, Georgia Is Considering Raising The Age At Which A Child Could Be Tried As An Adult. The first thing you can do is contact your local criminal law firm. 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. Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. In most cases, there will also be a bail hearing where bail is set and/or conditions are set on your release from custody. Whats the Difference Between Assault and Aggravated Assault? 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. Georgia Code Section 16-5-23 defines aggravated assault as an incident in which one person (called the aggressor) attempts to assault another person (called the victim) with the intent to murder, rape, or rob. Source: https://www.hg.org/legal-articles/dropping-assault-charges-39223. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. An aggravated assault charge is considered a felony in Georgia. 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. This is the minimum time you are allowed to keep someone in a cell before getting a new charge. This can include current or former significant others, as well as parents, children, and siblings (including step-relations, grand-relations, foster-relations, half-relations, etc). Can I Get A Misdemeanor Conviction In Georgia Expunged From My Record? A simple misunderstanding shouldnt lead to charges on your permanent record. 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. We've helped many Savannah residents in your situation, and are happy to do the same for you. They can fight back against the prosecution and work with you on your case. Jarrett Maillet J.D., P.C. January 10, 2023. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. You will have a lot of options, and its important to keep in mind that many people in the city want to help you. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. The third phase is the process of trying to get the case filed. You need to provide evidence that you're a victim of the crime. Jarrett Maillet J.D., P.C. The most important thing to remember is that you can get a criminal defense lawyer at any time. Anyone convicted of aggravated assault could be in line for: One thing to note: there are certain minimums for prison time depending on the type of aggravated assault that you've committed. Any further offenses, however, will often result in harsher punishments than repeat offenses of the regular form of the crime would warrant. Criminal lawyers are often hired through either the prosecution or the client. This is known as the "case record" requirement. 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. Most hiring managers will look at your application and cover letter as well as test scores and will give you a pass or a low mark if they see the right things. *This information is not intended to be legal advice. [1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. Can aggravated assault (with a gun) be dropped to a lesser charge? Can you plead first offender on a felony? Required fields are marked *, BANKRUPTCY LAW CRIMINAL DEFENSE FAMILY LAW REAL ESTATE LAW. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? For example, suppose you broke your probation by using drugs and alcohol but did not commit any other crimes. Can aggravated assault charges be dropped in GA? With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, When looking for a good criminal defense lawyer in Savannah Georgia, you'll want to make sure you ask the right questions and get the answers you need before moving forward. Can I Get a Hardship Drivers License in Georgia? 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. If that happens, try taking a more casual approach with law enforcement from then on outbecause if they can identify you at the courthouse before your trial, chances are they can identify you anywhere else down the line. While these situations do make up a large portion of domestic violence cases, they are not the only circumstances that qualify as domestic violence. This decision is entirely up to the lawyer responsible for the prosecution. What Should Your Next Steps Be If Youve Been Charged with Aggravated Assault? In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. You could even face prison time. 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. For example, the state of. As previously mentioned, assault is when the aggressor attempts to cause the victim harm, and aggravated assault is when the aggressor attempts to cause the victim harm with the intent to murder, rape, or rob. The crimes are filed through governmental criminal cases. 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. If you're looking for more of a general resource, try visiting a nearby police station or community center. Georgia Criminal Lawyer- What is a Preliminary Hearing? It is punishable by up to 1 year in jail and up to a $1,000 fine. That said, it would benefit you to understand what penalties you. 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. Joseph . The offense is committed against a teacher, student, or other school personnel. 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. If you were hoping for your aggravated assault charges to be dropped by the state, we're sorry to inform you that they won't be. In some instances, an aggravated assault charge can be reduced to a lesser charge like improper display of a weapon or simple assault. The main reason to get a criminal defense lawyer is because they can help you in any way possible. While this may include a verbal threat, it must involve an actual physical movement. For example, if a person has a history of drug use, he or she may be expected to participate in counseling programs designed to address addiction problems, or the court may impose a more lenient sentence based on this information. Criminal lawyers also ensure that their clients' rights are upheld throughout the trial process. Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. For one thing, it could affect your ability to get a job. 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. 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. When you're looking for a criminal defense lawyer, you'll want to look up the lawyers you can find in Savannah, Georgia . Contact us today for more information. Where to Go for Help in Savannah The criminal justice system can be difficult to navigate, but there are services and support available for you. A conviction when making decisions about who they hire or other penalties making decisions about they. You would like to have the charges against you with the victim and to. Be calm and can help to ensure no violent action occurs a drug offense you! Of life, it must involve an actual physical movement ' rights are throughout! The client legal advice so that it has the best outcome possible for your,! The course of a drug offense, you may face serious repercussions their experience, location, and they... 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