Jarrett Maillet J.D., P.C. 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. This is especially true if you are a person of color and someone with whom the police have their sights on. 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. Have you recently been charged with aggravated assault in the state of Georgia? 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. 19-13-30 19-13-34) defines domestic violence as battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, criminal trespass, and/or any felony committed by one household member against another. In many cases, they have been professionally trained. Other Repercussions of a Drug Offense A drug offense conviction can change your life in a variety of ways. They will also be flexible and willing to meet you wherever possible. Bottom Line If you have been convicted of a drug offense, you may face serious repercussions. Any excess property and funds are subject to seizure. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. must involve contact or touching to be convicted of it. At this time, your case will be reviewed by either a grand jury or a prosecutor with jurisdiction over your case. Your attorney can help explain your legal rights and options so that you can make informed decisions about your case. This means that if you make it difficult for law enforcement to capture or find you, they will have no choice but to use greater force. I was facing 3 misdemeanor charges and got them all dropped on the condition that I do a small amount of community service, pay a fine, and don't get in any more . Most states have a "time spent in custody" (TSIC) requirement. Can I Get a Hardship Drivers License in Georgia? Reportedly they are charged with "aggravated assault" and "domestic terrorism." Drop the charges, stop the project. Conclusion Savannah is a big city, and with that comes a big criminal justice system. What is the maximum jail time for aggravated assault in Georgia? There is no recourse for victims once charges have been filed and a trial has been instituted unless they choose to be of assistance to the opposing counsel. These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. Website Design, Hosting, Maintenance & SEO by WebTechs.Net. This includes personal items, books and records. Under Georgia Code 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison What Are the Consequences for Aggravated Assault in Georgia? Sentencing for family battery is the same as that for regular battery, which may consist of fines up to $1,000 and jail time up to 12 months. You may also be required to undergo substance abuse treatment and/or participate in community service activities. You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner. If this happens and you get hurt, its going to be your own fault. They will provide information about their program and what they hope to achieve. Battery is when the person who has been physically hurt by another person. Clark County prosecutors shoulder 100% of the burden of proving your guilt in assault cases. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. Possession of drugs is the most common charge brought against individuals who are arrested for a drug-related crime. 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. Jurisdiction deals with how criminal offenders are charged and monitored. We educate clients about their legal options and advise them on the path we think is best. In the state of Georgia, the following punishments are applicable to offenders who have been charged with aggravated assault or battery: The minimum sentences of imprisonment span anywhere from one year to twenty years (jail terms can run up to 50 years for intent to rape a child younger than 14). With this in mind, the differentiation between assault and aggravated assault comes down to intent: if the intent is to harm, its assault. 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. For example, the state of. We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more. Trafficking: Selling drugs to others. Our primary goal is to challenge the definition of aggravated assault. 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. This information may include personal data and an account of his or her offense, experience with substance abuse, psychological state, and family situation. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. Contact criminal defense attorney Jarrett Maillet to schedule a consultation. These details may be used to tailor the sentence to the individual's circumstances. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. If you fail to abide by your court-ordered mandates, be prepared to deal with severe consequences that can hurt your case. Doing so can help you build your case. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them. 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. Such crimes are filed through the government criminal case process, making it impossible to drop. For example, let's say that a person was convicted of driving under the influence (DUI). Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. You can seek out the help of a criminal defense lawyer in many different places. In other cases, the court may suspend sentencing. Aragona Capital > Uncategorized > can aggravated assault charges be dropped in ga > Uncategorized > 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. Defendants can use their First Offender on a misdemeanor or felony. However, the good news is that you do have options, and one of those is getting your record expunged. They should also have experience working with the law enforcement agencies surrounding your business or office. Anyone convicted of aggravated assault could be in line for: 4. Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense). He is an excellent lawyer and I would highly recommend him to everyone. Is There a Statute Of Limitations For Sex Crimes? What is the Criminal Justice System? Because these cases are filed by the government, there is no way to drop the charges. Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each states sentencing statute or sentencing guidelines. If charges aren't dropped, often times they can be reduced. Aggravated Assault Defined in Georgia. Do you know where and how to ask for help? Next, it's essential to make sure your civil lawsuit is started. Such crimes are filed through the government criminal case process, making it impossible to drop. NO. 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. A criminal defense lawyer is experienced in both criminal and civil law. Canterbury Law Group 14300 N Northsight Blvd #129 Scottsdale, AZ 85260. Also, they will not just be willing to help you win the case but will want to win for their client. However, there are other ways that someone can break their probation. The first courtroom that you may go into is called the preliminary hearing. However, the best one for you will be the one who has experience in your case and can help you win. Knowing the outcomes of other cases may help identify what might happen to you when you go before the judge. JARRETT MAILLET J.D., P.C , A PROFESSIONAL LAW CORPORATION, ALL RIGHTS RESERVED | An aggravated assault charge is considered a felony in Georgia. Contact criminal defense attorney Jarrett Maillet today to help you with your case. 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). We are happy to help! They can handle all types of cases, as well as different areas in law. Joanasie Akumalik was charged with aggravated assault on June 13. If the accused is guilty of committing an aggravated assault or battery on Public transit property or in a public transit vehicle, or, Against certain victims named in the statute such as a family member, intimate partner, person 65 years or older, a law enforcement officer, or a corrections officer, then. 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. 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. Hire your Georgia criminal defense attorney and tell them your side of the story. They know how to fight and how to lose. Even if you are a first-time offender, there is a real possibility that you will go to prison. Finally, you need a criminal defense lawyer who can help you navigate the criminal justice system and navigate your way to a successful result. Basically, any crime committed against a household member can be considered domestic violence. There are two main components of the criminal justice system: Public safety and Jurisdiction Public safety is made up of the police force and the court system, which together work to minimize crime in society while maintaining public peace. The intent to murder, rape, or rob another person. There are several other techniques that can be used to minimize the negative consequences of a criminal conviction. Should I Hire A Lawyer If Im Thinking About Pleading Guilty In A Criminal Case? In some cases, an attorney might ask you to help out in paying court costs or some additional costs. If you've been charged with battery but never laid hands on the victim, then you and your lawyer could take that angle in your defense. In most situations, criminal lawyers act as both advocates and investigators for their clients. 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 . Can aggravated assault charges be dropped in Tennessee? Contact Tyler Moffitts law office today for a free consultation with an experienced Georgia criminal defense lawyer. 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. Georgia Car Accident Lawyer- 5 Common Myths Concerning Car Accident Claims. You need to provide information that your case might be tried in court. 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