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My friend has a previous gun charge it was a misdemeanor but

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now is being charged with...
My friend has a previous gun charge it was a misdemeanor but now is being charged with aggravated assault
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Georgia
JA: Have you talked to a lawyer yet?
Customer: No she will be appointed a public defender
JA: Anything else you want the lawyer to know before I connect you?
Customer: She goes to court Monday
Submitted: 2 months ago.Category: Criminal Law
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Answered in 5 minutes by:
11/11/2017
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,786
Experience: Managing Attorney at a Law Firm
Verified

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 2 months ago
Thank yu
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

I'm sorry to hear about your friend's situation.

Just to clarify, is he currently being charged with 2 separate crimes?

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Customer reply replied 2 months ago
No just aggravated assault
Customer reply replied 2 months ago
She has a previous gun charge though but it was a misdemeanor
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

Okay thanks for the clarification. Give me just a moment to prepare some information for you, thanks!

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Customer reply replied 2 months ago
Okay
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

Aggravated assault is a felony offense.

It's punishable by up to 20 years in prison, and/or a fine of up to $100,00.

In order to prove that an aggravated assault occurred, the prosecution has to prove that your friend committed an assault:

  • with the intent to rob, rape or murder
  • with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or
  • by discharging a firearm from a vehicle.

As you can tell, this is a serious offense with potentially very serious penalties.

Your friend should look into hiring a defense attorney as soon as possible, to get to work on her case. There's alot that can be done even very early on -- motions to suppress, a motion for dismissal, interviewing prosecution witness, and more.

If she can't afford to hire a private attorney right now, then as you mentioned a public defender will be appointed to her at her first court date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 2 months ago
Okay but they don’t have any of that
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

Are you referring to the factors the prosecutor needs to prove the aggravated assault? Are you saying they don't have any evidence in regards ***** ***** factors?

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

..If you're referring to the elements of the crime, and if the prosecutor does not have any evidence or witnesses to prove these elements, then the charge against your friend should end up being dismissed, or at least reduced to a lesser crime that's a more accurate reflection of what may have actually occurred.

The bot***** *****ne here is that if the state does not have evidence to support the elements of an aggravated assault charge, they will have to either file a new charge of a lesser offense, or dismiss this altogether.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Nisha Jones, Esq.
Nisha Jones, Esq.
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