can aggravated assault charges be dropped in ga

Record Expungement for Drug Conviction Moving forward after serving your sentence can also be challenging. The repercussions of drug offenses extend beyond the sentence itself. In addition to the TSIC requirement, many states also have a "continuance" requirement. They can fight back against the prosecution and work with you on your case. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/. There are also directories that you may be able to look through to find one in your area. Under OCGA 16-5-21, a person commits the offense of aggravated assault when he or she commits: Assault with a deadly weapon or with any object, device, or instrument which, when used offensively against a person or persons, is likely to or does result in serious bodily injury. A minimum of three years in prison is also given to anyone that commits an aggravated assault against a person 65 years or older. So, what can you do to navigate the system? There are two primary types of drug offenses in Georgia, which include possession and distribution. Once you apply, you will be required to provide a resume and cover letter as well as pass a test on legal topics. 42-8-60, Et. Formulating A Defense For Involuntary Manslaughter, Hosts Have A Responsibility When Having A Party, A First Time Drug Offense In Georgia Can Result In Serious Consequences, Threats of Violence Carry Serious Consequences. We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way. Now you know the difference between assault and battery, as well as where the two might be confused for one another. In such cases, it's necessary to have a professional help you get the best result. The aggressor may or may not use a firearm, weapon, or other object to threaten the victim. This means that the victim of the assault does not have the authority to drop charges. As such, sentencing for a repeat family battery charge could be punishable with up to 5 years in jail. That is when a good defense lawyer can make or break your case. 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. Jarrett Maillet J.D., P.C. There was a fight and this girl got hit in the head with a gun. What to Do If Youre Accused of Domestic Violence Domestic violence incidents are always complicated, involving a lot of personal context and extenuating circumstances. They may consider additional evidence and in certain states there is an office with special responsibilities for the examination of such evidence. Some jurisdictions have programs that provide free legal assistance to indigent persons, but do not make the services available to all people through a centralized program (e.g., on an "as needed" basis). However, the best one for you will be the one who has experience in your case and can help you win. 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). 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. We are happy to help! How Much do Criminal Defense Lawyers Charge? Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. However, while one of these crimes may be required in order for someone to be convicted of domestic violence and charged, there are a range of other forms of abuse that can result in serious consequences. Both of those charges are misdemeanors, which carry significantly less penalties than aggravated assault. They will provide information about their program and what they hope to achieve. Distribution: Having drugs that are packaged for sale or distribution (usually more than 20 grams). If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. 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 many rights you have as a re-entry program participant that will help you succeed in your life after incarceration. If you have questions about the criminal justice system, the first place to go is your local jail. 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. Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. They can also provide alternative sentencing options for those who might otherwise face harsh penalties like prison. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, As the saying goes, justice delayed is justice denied. This decision is entirely up to the lawyer responsible for the prosecution. Sentencing for Distribution Convictions A Georgia drug offense conviction will come with its own set of penalties, depending on the severity of the crime and whether or not it was your first offense. Can aggravated assault charges be dropped in GA? 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. If you are in need of a criminal defense lawyer, contact attorney Jarrett Maillet for a consultation. Next, it's essential to make sure your civil lawsuit is started. 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. 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. Our primary goal is to challenge the definition of aggravated assault. The criminal justice system is intended to prevent crime and punish those who commit it. Georgias Family Violence Act (O.C.G.A. These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. BLOG, Jarrett Maillet J.D., P.C. 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. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? It is important that you speak with an attorney immediately. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison A criminal defense lawyer is experienced in both criminal and civil law. In some states, employers are allowed to ask about your criminal history and consider a conviction when making decisions about who they hire. What makes aggravated battery a felony in Georgia? Aggravated Assault and Battery Penalties. Aggravated assault generally applies to a situation where the assault included the intention to rape, rob, or . If this happens and you get hurt, its going to be your own fault. The staff at the jail will fill you in on what to do next, as well as answer any other questions that come up during this time. Jarrett Maillet J.D., P.C. Criminal defense lawyers are generally employed by the state or sometimes a private entity. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. A Texas grand jury has dismissed a criminal charge against a Houston man who was accused of hurling cans of White Claw hard seltzer at Sen. Ted Cruz during an Astros World Series parade. What might help mitigate some of the challenges ahead? 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, 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. For more information on the definition of aggravated assault under Georgia law, you can also refer to GA Code 16-5-21 (2016). It is very common for alleged victims in family violence or domestic dispute cases to ask the State to dismiss the charges, but it is ultimately the decision of the prosecutor whether or not to do . Anyone convicted of aggravated assault could be in line for: 4. As such, you can rest assured your case is in good hands. If you are unable to represent yourself because you are mentally or physically disabled, a legal guardian can represent you. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. 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. Such crimes are filed through the government criminal case process, making it impossible to drop. 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. Criminal lawyers are often hired through either the prosecution or the client. This may sound unusual, but these places are often great sources of information about the local legal system, including those who have been incarcerated beforeand have a lot of experience with navigating it successfully. 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. Aggravated Assault (O.C.G.A. However, our New Jersey aggravated assault defense lawyers can pursue other legal options if necessary. 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. These firms can help you get a legal case started and work with you on every level, from theory to court.

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