Augusta Georgia drunk driving defense lawyer

Augusta Georgia drunk driving defense lawyer

Horizontal Gaze Nystagmus and DUI in Evans GA

Horizontal Gaze Nystagmus (HGN) is an eye test. Nystagmus is means an involuntary jerking of the eyes as the eyes move from the center position off to the side. In order to get an accurate result, HGN should be performed correctly. In order to remove the chances that HGN has been caused by a medical condition, the eyes of the person should be observed in a resting position. The officer should be facing the subject, with both officer and subject standing. The eyes must first be checked for equal pupil size, resting nystagmus, and equal tracking. Equal tracking is the ability of the eyes to follow an object together. If the pupils are visibly unequal in size, or if the eyes do not track together, there is a chance that the nystagmus is the result of injury or a medical condition.

Officers will check the physical appearance of the alleged intoxicated driver minutely. This is done to establish symptoms of intoxication so as to form the basis of arrest (probable cause). The symptoms should be included in the arrest report for the use of the prosecuting lawyer in the prosecution of the driver for drunk driving. DUI allegations have far-reaching consequences. Those guilty of drunk driving can not only lose their job, but also end up with a jail sentence. A DUI allegation remains on ones criminal record permanently and will always have an effect on his or her life, maybe even inhibiting future job aspirations.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Evans Georgia petty crimes defense lawyer

Evans Georgia petty crimes defense lawyer

Misdemeanors in Augusta Georgia

Although misdemeanor charges are often seen as being non felony criminal charges, the results for being convicted of this crime can be sunstantial. Individuals who are found guilty of committing misdemeanors are generally sentenced to jail less than one year and ordered to pay large fines. Having a misdemeanor on your record will not be as bad as having a felony on your record, but the record may still hinder you in the future and you will require an attorney to help reduce the chances of this happening.

Persons facing misdemeanor charges many times do not consider the future consequences of neglecting to hire an attorney. Thinking their circumstance is not serious enough to need the assistance of an attorney, few individuals choose to handle their own cases, as a result damaging their chances of acquitaal charges. Without proper representation from a seasoned attorney, conviction is almost inevitable and the resulting repercussions can be serious.

The penalties for misdemeanors depend on how serious the specific offense is. While some misdemeanors have a one year jail term and a maximum fine of 2,500 dollars while others have lower fines and less prison term, if any.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Evans Georgia felony criminal law lawyer

Evans Georgia felony criminal law lawyer

Felonies in Columbia County Georgia


Felonies are at the top of the charts so far as criminal sentences are concerned. Under the Georgia criminal law, a felony charge has the harshest sentences and will be considered a more severe criminal offence than misdemeanors or infractions. When compared with a misdemeanor or an infraction conviction, a felony is much worse. Youll face at least a year in jail and depending on your sentence, you can face several years in jail. If you are convicted of a misdemeanor, youll receive at least five days in jail and a maximum jail sentence of a year, which you will undergo in a [rison facility. The least serious of criminal offences are infractions also referred to as petty offenses and generally do not involve jail time. In many places, convicted felons will lose their right to vote and serve on juries. They will also be disallowed from practicing law, owning guns, becoming a teacher or serving in the military. Those convicted of sex crimes must register as a sex-offender. Felonies are serious charges, so do not wait until you are convicted to do something about it.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Columbia County Georgia battery criminal law attorneys

Columbia County Georgia battery criminal law attorneys

Compensation for battery victims in Columbia County GA

When there is palpable harm whether physical, emotional, or monetary all factors of a battery are present, an aggrieved person can file charges. Generally in criminal law, the state will file charges for battery, while the victim is a witness for the prosecution. In criminal proceedings, the focus is on the guilt or innocence of the defendant and typically, no damages are awarded to the victim. however, if the harm is very severe he or she may qualify for help through a “victims compensation fund.”

The victim of a battery can file a civil lawsuit arising from the same offence, that the suspect is charged with the tort of battery. In such cases, damages are generally compensatory, together with special relief such as injunctive or punitive. Substantial harm is not necessary, but there should be palpable harm. Compensatory damages can be for both economic and non-economic harm. The victim can ask for monetary damages to cover property; physical harm and emotional harm caused from the offence. In the event of transferred intent involving an assault and battery, there may be two plaintiffs: the intended victim of the battery and the real victim.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Evans Georgia battery criminal law attorney

Evans Georgia battery criminal law attorney

Non-consensual Contact in Columbia County GA

Non-consensual contact may be made with either a person or that persons extended personality. This means that if one person leans forward and pulls the watch off another, a battery has occurred, although the first person did not actually touch the hand of the latter. If this act was preceded with an intent to cause the other to fear an impending violent yank of the watch, both an assault and a battery have been committed. If the suspect only intended an assault making the latter to fear an impending violent yank of the watch however did not intend to actually complete the violent pull, and yet his hand made contact with, and actually pulled off the watch, both an assault and a battery have been committed. If in the act of physically gesturing to violently pull the watch off, contact is actually made and the watch is pulled from the latters hand, a battery is committed.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Columbia County GA assault criminal lawyer

Columbia County GA assault criminal lawyer

Battery and General intent in Augusta GA

Battery is a general intent offense. This means that the suspect need not intend that the unwanted contact cause the specific harm, but only to commit an act of unwanted contact. This also means that gross negligence or even recklessness can have the required intent to establish a battery.

The doctrine of transferred intent will also apply. If a person intends to strike another, but the latter moves out of the way to avoid being hit, causing the blow to strike a third person, both an assault against the second person and a battery against the third person have occurred.

This is an important distinction between a battery and an assault. A battery needs real contact. An assault is, actually an incomplete battery; a person commits an assault if he or she intentionally puts an individual in apprehension of an impending battery. although, if a person intended just an assault to cause an apprehension of a likely battery, and offensive contact actually occurs, the person has committed a battery as well as an assault.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.

Augusta Georgia battery criminal law attorneys

Augusta Georgia battery criminal law attorneys

Criminal battery in Richmond County GA

Mere criminal battery is usually prosecuted as a misdemeanor. Second or subsequent offenses or the specific nature of the crime may warrant more severe penalties. For instance, in some states, a second or third offense against the same individual is a felony. In instances of domestic violence, most states disallow battery charges to be dropped against the defendant, even at the request of the victim, due to the potential for repeat or increased harm.

Most sexual offences include elements of battery as they are basically non-consensual contacts, and few states actually have penal codes listing the specific crime of “sexual battery.”

Aggravated battery is a simple battery with an additional element of an aggravating factor. This is usually the addition of a weapon whether used or threatened with, and is usually a felony offense. Examples of other aggravated batteries include those committed against protected persons; those in which the victim suffers serious injury; or those occurring in a public transit vehicle or station, or school zone, or other protected areas. These are all aggravating factors that will convert simple misdemeanor batteries to the level of felonies.

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Augusta GA DUI Lawyer - Evans GA Criminal Defense Attorney - Richmond County GA DUI

The Augusta Legal Center of Hawk and Detchemendy - DUI and Criminal Defense Attorneys - (706) 722-3500 - www.augusta-ga-dui.com

Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.