Augusta Criminal Defense Attorney
Being charged with a crime, whether it is a misdemeanor or a felony, can be a terrifying experience that can have life-altering consequences. We will work tirelessly to investigate the charges against you, gather evidence, and build a strong defense strategy to help protect your future.
Felony and Misdemeanor
Overview & References
Felony Defense Attorney Augusta, GA
Domestic violence cases are extremely serious; whether they are charged as misdemeanors or felonies. Judges and prosecutors often pre-judge the facts and initial allegations without a complete investigation into the circumstances and motivations of the people involved. I will use my experience to advocate and defend against these allegations.
A person commits the offense of simple battery when he or she either: (1) Intentionally makes physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally causes physical harm to another.
Sentencing: up to 12 months in confinement. Can be a high and aggravated misdemeanor in some circumstances.
A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. “Visible bodily harm” means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts.
Sentencing: up to 12 months in confinement. Can be a high and aggravated misdemeanor in some circumstances. Repeat offender/recidivist punishment allows for enhanced punishment including prosecution as a felony in some circumstances.
The term “family violence” means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household:
(1) Any felony; or
(2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass.
An offense is considered violent when the offender uses or threatens to use force against the victim. Among violent crimes are those in which violence is the ultimate objective, like murder, and those in which violence is a means to an end, like robbery.
Some examples of Violent Crimes include:
- Aggravated assault
- Armed Robbery
- Aggravated Battery
- Home invasion in the First Degree
- Simple assault
- False imprisonment
- Reckless conduct
- Cruelty to children
- Elder abuse
A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Sentencing: Up to 20 years in most cases, with some exceptions.
A person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery.
Sentencing: 10-20 years in prison, of life in prison.
A person commits the offense of home invasion in the first degree when, without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury, he or she enters the dwelling house of another while such dwelling house is occupied by any person with authority to be present therein.
Sentencing: 10-20 years in prison, of life in prison.
A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another: (1) By use of force; (2) By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or (3) By sudden snatching.
Sentencing: Up to 20 years in prison.
A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Sentencing range: misdemeanor, up to 12 months in confinement.
A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.
Sentencing range: Generally 10-20 years. Life in prison if victim under age of 14, if kidnapping was done for ransom, or if person kidnapped received a bodily injury.
A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
Sentencing: up to 10 years in confinement.
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor.
Sentencing range: misdemeanor, up to 12 months.
1. When a person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain
2. When a parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized.
Sentencing range: 5-20 years.
Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
Sentencing range: 1-10 years.
Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
Sentencing range: misdemeanor, up to 12 months. Third or subsequent conviction is a felony, 1-3 years.
A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Sentencing range: misdemeanor, up to 12 months. Second or subsequent conviction is a felony, 1-10 years.
A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Sentencing range: 1-10 years.
A guardian or other person supervising the welfare of or having immediate charge, control, or custody of a disabled adult, elder person, or resident commits the offense of neglect to a disabled adult, elder person, or resident when the person willfully deprives a disabled adult, elder person, or resident of health care, shelter, or necessary sustenance to the extent that the health or well-being of such person is jeopardized.
Sentencing range: 1-20 years.
Other Felony Offenses
A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another.
Sentencing range: 1-20 years.
A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft.
Sentencing range: 1-5 years.
If any person shall enter any automobile or other motor vehicle with the intent to commit a theft or a felony, he shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, or, in the discretion of the trial judge, as for a misdemeanor.
It is unlawful for any person employed by or associated with a criminal street gang to conduct or participate in criminal gang activity through the commission of certain offenses.
It is unlawful to commit certain offenses with the intent to obtain or earn membership or maintain or increase his or her status or position in a criminal street gang.
The code also provides for a variety of other manners that the crime may be committed.
Sentencing range: up to 20 years
A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.
A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.
If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years;
If the property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for not less than one nor more than ten years and, in the discretion of the trial judge, as for a misdemeanor;
If the property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge.
A person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his or her official duties shall be guilty of a misdemeanor
Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person shall be guilty of a felony and shall, upon a first conviction thereof, be punished by imprisonment for not less than one year nor more than five years.
A person commits the offense of a terroristic threat when he or she threatens to commit any crime of violence, release any hazardous substance; or burn or damage property.
With the purpose of terrorizing another; With the purpose of causing the evacuation of a building, place of assembly, or facility of public transportation; With the purpose of otherwise causing serious public inconvenience; or In reckless disregard of the risk of causing the terror, evacuation, or inconvenience.
Sentencing range: If the threat suggests the death of the threatened individual, then it is a felony and up to 5 years, otherwise is a misdemeanor, up to 12 months. Maximum up to 20 years in some circumstances.
When the stakes are high, the results matter most.
Client charged with aggravated assault, burglary in the first degree, and forgery in the fourth degree. Facing 41 years in prison. Not guilty verdict on all felonies. Only convicted of one count of misdemeanor battery.
Client charged with Burglary in the First Degree. Not guilty Burglary. Convicted of misdemeanor criminal trespass.
Client charged with simple battery. Not guilty all counts at trial.
Here is what our clients have to say.
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Won My Case In Less Than 1 Hour
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Successfully Proved My Son's Innocence
"Mr. Todd took the time to listen to my son's side of the story. He was very understanding and patient. He took the time to gather the evidence that supported the case and proved my son's innocence. We are very appreciative. Again, thank you!"
The King of Trials - Mr. J. Todd "The Lion" Mitchell
"Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust."
Todd is Knowledgeable & Fearless!
"I was in an impossible situation and thought I would spend a chunk of my life behind bars. Then God sent Todd Mitchell. He spoke up for me to the judge and D.A. at the hearing and was continuously on top of the case. His is the only number I'll call."
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"I hired Todd to handle a criminal case with a high probability of significant jail time. He was key in navigating the complexities of my case and always offered sound advice which ultimately resulted in the best possible outcome for my circumstances."
Todd Mitchell is a Winning Trial Expert
"Todd Mitchell is a trial expert, not just a criminal defense lawyer. His extensive experience WINNING trials, not just trying them, sets him apart from other attorneys in this area. If you want someone who will fight for you, hire Todd Mitchell."