Hirsch Criminal Defense

What you need to know about plea deals

2026-02-04T17:40:10Z

In the United States, plea deals are very common. According to a study from the Pew Research Center, only 2 percent of federal criminal cases go to trial. This means the rest of the cases reach a decision through a plea bargain outside of a trial. Despite the prevalence of plea deals, there are a few things you should understand before deciding if taking a plea bargain is the right move for your case.

What is a plea deal?

A plea deal is a way to reach a resolution in your case without going to trial. The prosecution usually attempts to negotiate a lighter sentence in exchange for your admission of guilt.

Why should I not take a deal?

There are a few reasons a defendant may accept a plea bargain. One is that trial costs and court fees are expensive, and taking a plea deal would avoid a costly and lengthy jury trial. You may also have concerns about receiving a harsher sentence through a trial. Prosecutors who offer plea deals can prey on these fears and push you to falsely admit guilt. You do not have to accept a plea bargain in your case, no matter the charge. By accepting a deal, you give up the right to plead not guilty and the constitutional right to a trial by a jury. There are other ways to avoid a conviction that do not require giving up your rights. Understanding how a plea bargain works and what it means for your case is crucial to protect your rights if you are facing a criminal charge.

The next 10 years of your life after an assault felony

2026-02-04T17:43:06Z

Certain simple assault charges are just misdemeanors, while more dangerous acts are assault felonies that will change the rest of your life. The financial implications of a possible restitution payment could be just the beginning. Assault with a deadly weapon is an example of a conviction that has long-lasting repercussions. To start by focusing on the short-term, you can examine the ways that an assault felony will change just the next 10 years following an accusation.

Jail Time

Aggravated assault cases in Georgia can result in up to 10 or even 20 years of jail time. If the circumstances of the crime are even more severe, an individual may even face up to 50 years in prison. In some cases, however, a strong legal case and good behavior can lead to a lighter sentence entailing probation or parole.

Probation or Parole

Individuals under an assault charge may qualify to serve out their sentence under probation or parole. Even under these circumstances, you would have the requirement to check in with a counselor or parole officer and meet other conditions. Employment and housing options may become limited with a felony on record, especially in situations that would be likely to put a convicted felon in proximity to children. The next 10 years and beyond can be confusing and stressful for individuals under conviction of an assault felony. Reaching out to a criminal defense attorney as early as possible is vital to protecting your best interests in the event of an assault accusation.

When is a drug crime a felony in Georgia?

2026-02-04T17:43:27Z

In general, misdemeanor offenses in Georgia carry less than a year in jail at the county level. In contrast, felony offenses can result in a year or more of incarceration at a state prison. Review the factors that influence whether a drug-related charge is a felony or misdemeanor in Georgia.

Type of substance

Georgia categorizes illegal drugs based on medical use and ability to cause harm. Schedule I drugs are the most dangerous while Schedule V drugs carry the lowest risk of harm. While the state can impose felony charges for any scheduled illegal substances, courts generally assign stricter penalties for possession of Schedule I drugs such as heroin, ecstasy or LSD and Schedule II drugs such as cocaine, methamphetamine and hydrocodone.

Intended use

The state will also consider the person's intended use of the substance in question. He or she does not necessarily have to be holding the drugs at the time of the arrest. Possession only requires that the person have the substance under their control (stored at home or in a vehicle, for example). Drug distribution or sale constitutes a felony in Georgia, but the amount of prison type will vary based on the specific substance and the amount. The court will also consider evidence of intent to sell or distribute such as packaging, customer lists or cash. Individuals charged with drug possession or distribution in Georgia may qualify for diversion programs. For example, probationary drug court provides treatment for diagnosed substance use disorder in lieu of jail time.

Elements of a simple battery charge in Georgia

2026-02-19T22:49:04Z

Individuals in Georgia are usually charged with simple battery when they make physical contact with another person in a way that is designed to provoke or insult, but actual touching is not necessary and even words can be enough to support the charge if they are threatening enough. This means that raising a clenched fist to another person’s face and threatening to punch them could lead to a simple assault charge in the Peach State. Simple assault can be charged as a straightforward misdemeanor or a high and aggravated misdemeanor in Georgia depending on the circumstances and the victim.

High and aggravated misdemeanors

High and aggravated misdemeanors are more serious criminal law offenses that carry harsher penalties. Situations where a simple assault count in Georgia could be elevated to a high and aggravated misdemeanor charge include:

The defendant assaulted a pregnant woman or a senior citizen.
The victim was assaulted while riding on a public transit vehicle or waiting at a bus or train station.
The defendant assaulted a police officer, detention officer or corrections officer while they were carrying out their official duties.
The defendant and victim are current or former spouses, parents of the same child, children and parents, stepchildren and stepparents, foster children and foster parents or siblings living under the same roof. However, the law does not apply to parents who administer corporal punishment to discipline their children.
The defendant works in a nursing home or assisted living facility or provides health care services in the home and assaulted a patient.
The victim is a sports official who was assaulted before, during or shortly after a contest that they refereed, umpired or officiated.
The victim was a public school employee who was assaulted while they were performing their official duties.

Simple assault penalties

When a simple assault is charged as a misdemeanor, the defendant can be fined up to $1,000 and sent to jail for up to a year if they are convicted. The custodial penalty for a high and aggravated misdemeanor conviction is also up to 12 months in jail, but the fine can increase to up to $5,000.

Common simple assault defenses

There are a number of defenses that individuals or their criminal defense attorneys could mount in a simple assault case. They could claim that they were provoked by the victim, or they could say that the victim threatened them and they acted in self-defense. While these arguments may sometimes be unconvincing, they could be enough to secure a more favorable plea agreement.

A domestic violence conviction may impact your career

2026-02-04T17:41:36Z

Domestic violence in Georgia can have serious implications for the future of your career. You might not be eligible for certain federal jobs depending on the crime you were convicted of. There are a few crimes on your record that can bar you from working at a federal agency for years to the rest of your life, and domestic violence is one of them.

How does a domestic violence charge impact your career options?

Many professions take the impact of a domestic violence conviction seriously. In some cases, you may have to revoke your professional license altogether. However, a hiring manager may hire you if you have someone to vouch for you. Otherwise, reapply for your license after a certain length of time has passed. Depending on where you live, you will have to fulfill certain requirements to prove that you have changed.

What do federal employment agencies consider?

One of the first things an employment agency of any kind will consider is your overall temperament and personality. This is especially true for getting hired at a federal employment agency. Another factor that federal agencies often consider is how the crime you were convicted of relates to the job you are trying to apply for. For example, if the job requires that you be around flammable materials, you may not get hired with a charge of arson on your record. Regardless of what type of federal job you are searching for, you cannot have any conflicts of interest.

What else can you do?

If you were convicted of domestic violence recently, the best thing you can do for yourself is likely to get training for a different yet related career. For example, if you have lost a license for working as a therapist, consider a career as a vet tech. This is because working as a therapist requires a great deal of empathy, and you can direct those same skills to working as a vet tech. A criminal conviction can seriously affect your career prospects, so it's best to avoid being convicted if at all possible. You may want to ask a defense attorney about your options for fighting a domestic violence charge.

When should the police read your Miranda rights?

2026-02-04T17:40:40Z

In the state of Georgia, the police must tell you your Miranda rights at some point when you're in custody. If they don't, the judge might end up throwing your case out of court. However, if the police fail to read your rights when they arrest you, that doesn't automatically mean that you'll win the case.

When do the police have to tell you your Miranda rights?

Contrary to popular belief, criminal law doesn't state that the police have to read your Miranda rights as soon as you're arrested. You could bring this up with your criminal defense attorney, but they might not be able to do anything if the police did read your Miranda rights at some point. Officially, the police must read your Miranda rights before they start interrogating you. This could happen some time after you've been arrested. If they don't read your Miranda rights before the interrogation, you might be able to get your case thrown out in court. Since the police didn't read you your rights, your attorney may argue that you had no idea that you had the right to remain silent. As a result, anything that you said might be considered invalid. Before interrogation starts, the police must tell you that you have the right to remain silent and the right to have an attorney. They should also tell you that anything you say might be used against you in court. If the police read your rights, the judge may rule that you acted voluntarily. If they didn't read your rights, the judge might rule that you couldn't have acted voluntarily because you weren't aware of your constitutional rights.

Is everyone entitled to an attorney?

No matter what you're being accused of, everyone is entitled to an attorney. You're also entitled to a fair trial that adheres to the U.S. Constitution as well as state laws. If the police violated your rights, the judge might throw out your case regardless of the evidence involved. An attorney may help you fight for your rights and keep the prosecution from taking advantage of you.

More than 100 kilograms of meth found in 2 Georgia homes

2026-02-04T17:42:12Z

Agents from the Georgia Bureau of Investigation’s Gang Task Force and federal investigators from the Department of Homeland Security seized more than 100 kilograms of methamphetamine during two residence searches on Oct. 9 according to senior representatives from the agencies. The searches were executed as part of an investigation into the relationship between gangs in Cherokee and Cobb counties and Mexican drug cartels. The investigation was launched early in 2020, and officials say that it is ongoing.

Homes used to store and distribute drugs

During the course of the investigation, agents focused their attentions on residences that they believed were being used to store and distribute illegal drugs that had been smuggled into the United States from Mexico. The search of a home in Marietta is said to have led to the discovery of about 100 kilograms of a substance believed to be methamphetamine and a loaded semiautomatic rifle. A further 3 kilograms of a substance believed to be methamphetamine was allegedly found in a Cherokee County home.

Suspects taken into custody

Five suspects are being held in connection with the seized drugs. They have all been charged with trafficking methamphetamine. A 37-year-old Atlanta woman is being held at the Cobb County Adult Detention Center. The other suspects, a 24-year-old Nashville man, a 23-year-old Atlanta man, a 20-year-old Atlanta man and a 19-year-old Atlanta man, are all being held at the Cherokee County Adult Detention Center. The GBI and DHS were assisted during the investigation by the Cobb County and Woodstock Police Departments, the Cherokee County Multi-Agency Narcotics Squad and the Cherokee County Sheriff’s Office.

Drug sweeps

Federal, state and local law enforcement agencies usually cast wide nets when they conduct drug sweeps, but they do not always gather enough evidence to prove guilt beyond reasonable doubt against all of the suspects they take into custody. This is why criminal defense attorneys with experience in cases involving serious drug charges could advise individuals arrested in such operations to remain silent until a lawyer has had a chance to study law enforcement reports. If the evidence is strong, attorneys may suggest pursuing a plea agreement. If it is not, attorneys could mount a defense in court or seek to have charges dismissed.

Did an officer illegally search your vehicle?

2026-02-04T17:44:18Z

Your knowledge of the law may be minimal at best. Like most people in Georgia and across the country, you likely know enough about legal issues to know what actions could get you in trouble. However, also like many people, you may not know enough about your legal rights to fully know whether an officer violated those rights during a traffic stop.

If you found yourself pulled over by a police officer and that traffic stop ended in your arrest, you may have a suspicion that the officer did not conduct him- or herself in accordance with the law. In particular, you feel that the officer may have illegally searched your vehicle. How can you know?

Does an officer need a warrant?

Unlike a home search, police officers do not need a warrant to search a person's vehicle. However, they do need to have either your permission or probable cause to carry out a search. This means that a police officer cannot ask you to step out of your vehicle and immediately start rifling through your car. It does mean that a search can take place if any of the following details apply:

The officer asked if he or she could search your vehicle, and you consented.
The officer believed that you had a weapon or that other circumstances existed that could pose a potential threat to him or her.
The officer saw questionable looking substances, open alcohol containers, drug paraphernalia or other items in plain sight that caused him or her to suspect criminal activity.
The officer placed you under arrest for a violation and conducted a search to look for additional evidence relating to the arrest charge.

If these factors did not apply to your situation but an officer conducted a search anyway, he or she may have found supposed evidence that resulted in your arrest. Now, what can you do?

Consider your legal options

If you believe that the officer conducted an unlawful search of your vehicle that resulted in your subsequent arrest, that detail could play a substantial part in your criminal case. If the court determines that the officer violated your rights, the court could deem any evidence discovered during that unlawful search inadmissible. Going over this information with an experienced defense attorney could help you determine whether the officer violated your rights and whether you have reason to address this point in court.

Are you a suspect in a smash and grab burglary?

2026-02-04T17:44:36Z

Grainy security footage, mistaken identity, being in the wrong place at the wrong time and other factors could result in a person facing criminal charges for something he or she had no involvement in. You may have recently found yourself under arrest after authorities responded to reports of a burglary and, for whatever reason, considered you the prime suspect.

You may have tried to explain that you had no involvement, but likely, the police did not take you at your word. A smash and grab burglary took place, and police may believe that you show up on surveillance video or may have found you in the area where the burglary took place around the time it occurred. Though you want to vehemently maintain your innocence, you must now do so in court.

What is a smash and grab?

Georgia law covers various types of property crimes, and a smash and grab burglary occurs when someone essentially smashes his or her way into a retail business (such as by breaking a window or door), grabbing property and taking off. Usually, a smash and grab burglary is one that takes place relatively quickly and without attempts to coerce other individuals into handing over property. Burglary in general differs from robbery because burglaries typically do not involve any type of threats or force toward another person.

It is important to keep in mind, however, that the burglary does not necessarily have to involve the actual taking of property. The suspect only had to have had the intention to commit theft. In fact, the three elements the prosecution would need to prove that you committed a smash and grab burglary include the following:

You intentionally entered a retail establishment.
You intended to commit theft.
You caused damages that exceeded $500.

Unfortunately, the state has harsh punishments for those convicted of burglary, as first degree, second degree and smash and grab burglary all fall into the felony category.

What could you face if convicted?

If the court convicts you of committing a smash and grab burglary, you could face a maximum sentence of 20 years in prison and $100,000 in fines. Undoubtedly, you want to avoid any type of conviction, and understanding your defense options will certainly come in handy. Because navigating such legal matters is complicated, you may want to obtain the help of an experienced attorney.

Did trying to defend yourself lead to assault or battery charges?

2026-02-04T17:44:57Z

When a situation gets out of hand, it can be difficult to know exactly what happened. You may have been minding your own business when someone else got in your face or when a seemingly minor incident turned into an unnecessary altercation. Whatever the case, you ended up in a physical altercation with another person.

In the heat of the moment, your thoughts may have only revolved around protecting yourself or maybe a loved one. You may have even tried to apologize for a misunderstanding and walk away. Unfortunately, the other party involved continued to antagonize you until you felt you had no choice but to fight back.

Criminal charges

Though you may have felt you had no other choice, it can be difficult to get the police to see your side of the situation right away. As a result, after someone called the police, you may have ended up taken into custody just like the other person. You may find the situation unfair, but nonetheless, you now face a criminal charge for assault or battery. When it comes to those allegations, they differ in the following ways:

Simple assault involves trying to cause a violent injury to another person or causing a situation in which another person believes that he or she will suffer injury. This charge does not necessarily involve physical contact as threats or menacing actions could be enough to warrant a criminal charge.
Simple battery does involve physical contact with the intent to cause harm or to insult or provoke someone else.

It is also possible for either of these allegations to be considered aggravated charges, which could come with more serious consequences in the event of a conviction. However, for an aggravated charge to apply, the crime must have been more heinous, such as involving a deadly weapon or intentionally trying to cause serious or fatal injuries.

Your defense options

If you believe that you only acted in a violent manner to protect yourself or someone else, you may have the chance to use that information as part of your criminal defense. Self-defense in a physical altercation is a common defense to assault and battery charges, and you may be able to present a compelling argument to the jury involved in your case. Of course, it is wise to have help with such an endeavor, and you may want to enlist the assistance of Georgia attorney when building your defense.