Here's where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made. 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. It's also essential to understand the legal process and know what you can ask for during the litigation process. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. The more normal happening occurs with the serious charge of aggravated assault or aggravated battery being dropped to simple assault or simple battery respectively if not something as lesser. 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? First things first. 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. But what is The Right Kind of Lawyer: There are many different types of criminal defense lawyers. The main reason to get a criminal defense lawyer is because they can help you in any way possible. Now you know the difference between assault and battery, as well as where the two might be confused for one another. 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. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. For example, suppose you were arrested for DUI but refused breath testing by law enforcement because it felt unreasonable for them to request it. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. 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. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. The court can also order that your driver's license be suspended or revoked for up to one year. People can defend themselves from the threat of or actual violence or force that could cause bodily harm or injury. 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. Such crimes are filed through the government criminal case process, making it impossible to drop. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, A probation violation charge is very serious. This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. Can I Get a Hardship Drivers License in Georgia? 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. At Jarrett Maillet J.D., P.C., we tell people what they need to hear. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. You also need to have a record of taking cases that are difficult for you to win and winning or having a good argument for why the verdict was the way it was. If youve been accused of or charged with domestic violence, dont wait. You should speak with criminal defense attorney Jarrett Maillet to help you get the best out of your case and take the essentialist to court. Is it possible to have the charge dropped to a misdemeanor? 42-8-60, Et. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. What is the Criminal Justice System? For example, when battery is committed against a household member, the offense is actually called family battery. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. must involve contact or touching to be convicted of it. You should also make sure that they have been professionally trained and are up-to-date with criminal litigation. They can help you on all levels, from theory to court. In addition: You could be barred from owning a firearm or working as a security guard. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. What Matters Most in Domestic Violence Cases? can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Jarrett Maillet J.D., P.C. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. However, the good news is that you do have options, and one of those is getting your record expunged. There are junior lawyers, senior lawyers, and those who are the head of their law firm. 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. 1. . Aggravated assault, by the state of Georgia, refers to any situation in which a person commits an assault with: If any of the above refers to what happened in your situation, then you might be found guilty of aggravated assault and face life-altering consequences. A simple misunderstanding shouldnt lead to charges on your permanent record. Jarrett Maillet J.D., P.C. You can try going to city hall or some other government office and asking for help. Can aggravated assault charges be dropped in GA? A criminal criminal defense lawyer will have knowledge of all types of offenses and their different legal procedures. So, what can you do to navigate the system? They should have experience in criminal legal proceedings and be able to help you win the case. Criminal lawyers work on a contingency fee basis and are not entitled to receive a percentage of the client's recovered money in return for their services. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case 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. Have your criminal law firm on your side if you want to try and win in a court of law. The significant role played by bitcoin for businesses! 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. 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. Next, it's essential to make sure your civil lawsuit is started. There are other factors that may elevate the possible sentence. Canterbury Law Groupscriminal defense lawyersinPhoenixandScottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. You could lose your right to vote. This definition also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike the victim. The main distinction between the two is that battery. This makes it less likely that the State, or the Court, will allow a dismissal even if the victim wants that to occur. 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. Our lawyers provide clients with straightforward, honest assessment of their cases. Here are some general sentencing guidelines for possession charges: First Offenses: If you are convicted of a first offense, the penalty may be a fine of up to $1,000 and/or imprisonment for up to one year. A good understanding of your criminal defense lawyer will help you get the best results from your time and money. Basically, any crime committed against a household member can be considered domestic violence. Criminal lawyers also ensure that their clients' rights are upheld throughout the trial process. 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. fall under the correct definition of this crime? 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). to give you the legal defense that you require. 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. The American criminal justice system is based on three pillars: Prosecutors, Judges and Prisoners. 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. It is important that you speak with an attorney immediately. It Takes an Experienced Criminal Defense Lawyer. 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. These conditions include regular check-ins with a probation officer, random drug tests, mental health treatment as necessary, community service hours, and payment of court costs and fines. All levels, from theory to court people what they need to hear options! That your driver 's license be suspended or revoked for up to one year obstacles..., a probation violation charge is very serious your time and money or some other government office and for. Also allows police officers to intervene and make an arrest without waiting for the assaulter to physically strike victim... 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