Protecting Your Future When Facing A Violent Crimes Offense

Georgia is among the states with the worst rate of violent crime in the U.S. Perhaps for this reason, the courts treat violent crimes offenses with the utmost seriousness, and impose harsh penalties. Even first-time offenders can receive mandatory sentences with no probation. Repeat offenders face much more severe penalties. Without competent legal representation, people are likely to leave their fate to the court systems, facing years, if not decades, behind bars.

At The Law Office of Timothy McCalep, I seek to provide clients across Atlanta and the surrounding areas with knowledgeable, dedicated representation in difficult times. With an aggressive approach to protecting your rights, I will fight on your behalf, both in court and at the negotiating table.

Understanding The Bigger Picture

As a violent crimes lawyer, it is my responsibility to understand the situation from my clients' perspective. I work in tandem with clients to assess the situation and present the most cogent and effective legal strategy possible, whether that means working to get the charges reduced and dismissed, preparing for trial or negotiating a plea.

As part of my practice, I help clients with a wide variety of violent crimes issues, including:

Murder

Have You or a Loved One Been Charged With Murder?

It is essential to your case to speak with an experienced criminal defense attorney, like myself, IMMEDIATELY. The conversations you and I have are critical to your defense and disposition of your case. I need your version of the events provided to me with candor and detail. Murder is an extremely severe offense; however, there are potential defenses and justifications that may affect your sentence and the rest of your life.

Murder is defined as the intentional and unlawful killing of another human being, with either express or implied malice aforethought. It is different from the other form of homicide known as manslaughter because it encompasses the intent to kill, the intent to inflict great bodily injury, a depraved or malignant heart, and felony murder. Unlike with manslaughter, there are no mitigating facts or circumstances to reduce the killing to a lesser crime.

Lesser crimes include voluntary manslaughter (an intentional killing arising from adequate provocation or a failed attempt at self defense) and involuntary manslaughter (an accidental killing that occurs during the commission of a lawful act in an unlawful way).

The punishment for murder is death, life in prison, or life in prison without the possibility of parole.

At The Law Office of Timothy McCalep, you will benefit from extensive experience in defending clients against charges similar to yours. When facing murder charges, people will likely look at you differently and question your character; you will need someone on your side who can establish an effective defense for your case. I am committed to protecting your constitutional rights and ensuring you get the best possible outcome. Remember, the prosecutor has the burden to the case against you, but every action, act, or comment you make, from the time you are arrested until the time you are formally charged will impact your case. Please contact me today, so we can begin fighting.

Assault/ Aggravated Assault

I Did Not Physically Harm Anyone, Why Am I Charged With Assault?

Well, the simple answer is you do not have to lay a finger on another person to be charged with assault. In Georgia, a person commits the offense of simple assault when he or she either attempts to commit a violent injury to another person or he or she commits an act, which places another in reasonable apprehension of immediately receiving a violent injury.

O.C.G.A. §16-5-20

In other words, an assault can be in the form of a threat where the victim is aware of and expects immediate harm or in the form of an attempted battery, otherwise known as the offensive touching of another.

Simple assault is considered a misdemeanor offense, and therefore punishable by either up to 12 months in jail, a fine, or both imprisonment and a fine. Additionally, simple assault can be elevated from a regular misdemeanor to a misdemeanor of a high and aggravated nature. Those instances occur when:

  1. A person commits a simple assault in a public transit vehicle, such as a bus, van, or train, or station;
  2. A simple assault occurs 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 excluding siblings living or formerly living in the same household;
  3. A person commits a simple assault against a person who is 65 years old or older;
  4. A person commits a simple assault against an employee of a public school system while such employee is engaged in his or her official employment duties or on school grounds; and
  5. A person commits a simple assault against a pregnant woman.

On the other hand, aggravated assault is a felony offense. Aggravated assault occurs when a person commits an assault with:

  1. The intent to murder, to rape, or to rob;
  2. 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. Any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation.

Additionally, a person who, without legal justification, discharges a firearm from within a motor vehicle toward a person or person commits an aggravated assault.

Aggravated assault is punishable by imprisonment for at least one, but no more than 20 years, unless an exception applies.

O.C.G.A. §16-5-21

The punishment for both simple assault and aggravated assault varies tremendously depending on the method used and who the alleged victim is. For example, a person who commits an aggravated assault with a firearm on a student or teacher or other school personnel within a school safety zone faces imprisonment ranging between five and 20 years.

You need a highly skilled defense attorney to stand up to prosecutors and build your strategic defense. Contact Timothy McCalep for an experienced assault defense attorney.

Robbery/ Armed Robbery

A person commits a robbery when, with intent to commit theft, he or she takes the property of another individual from his or her person or presence by:

  1. Use of force;
  2. Intimidation­­–– a threat or coercion, placing a person in fear of immediate serious bodily injury to himself or herself or to another individual; or
  3. Sudden snatching.

Robbery is a felony offense and a person convicted of robbery may face up to 20 years in prison. Additionally, any person convicted of a robbery against a person who is 65 years old or older faces punishment ranging from five years to 20 years in prison. A robbery conviction can also result in life imprisonment, if the accused offender commits the robbery by use of an offensive weapon, or any replica, article, or device having the appearance of a weapon.

To your advantage, a prosecutor must prove beyond a reasonable doubt that the accused intended to commit a theft and that he or she intended to use an offensive weapon to complete that theft. This proof requirement allows me an opportunity to question the evidence presented and successfully win case that seems doomed from the start. Generally prosecutors and judges not seeking to impose a 20-year prison sentence on a robbery charge, however, in armed robbery cases, judges must impose the mandatory 10-year jail sentence. It is crucial that you hire attorney to handle your case. I may be able to the reduction necessary to change your circumstances. Contact me today for a free consultation and discussion of your robbery case.

Domestic Violence

Domestic violence occurs when the offense of simple assault is committed 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 excluding siblings living or formerly living in the same household. If convicted, the accused will be punished for a misdemeanor of a high and aggravated nature. This law does not apply to the general spanking of a child, but the more PHYSICAL altercation between parents directed at their children.

What Constitutes Domestic Violence in Georgia?

  • Spousal abuse
  • Child abuse
  • Elder abuse
  • Sexual abuse
  • Spousal rape
  • Assault & battery
  • Verbal threats
  • Verbal assault
  • Harassment
  • Stalking
  • Neglect
  • Physical abuse
  • Emotional abuse

There are legal consequences to face when convicted of domestic violence, but the personal ramifications, may hit home harder...literally. You can lose your family, your house, your friends, and even your job. Generally when police officers respond to a domestic violence call, someone gets arrested. It is more than likely that the arrestee will be the person who is considered the aggressor, also known as the person who initiated the altercation. Georgia courts take domestic violence charges very seriously. The government allocates a substantial amount of resources to help support those who are victims of domestic violence. The charge of domestic violence is taken so seriously that the prosecution will move forward with the case even if the victim(s) refuses to testify or chooses not to press charges. Unfortunately, some accusations of domestic violence are used as a ploy to harm the accused, making the unsupported and false. Timothy McCalep understands the sensitivity surrounding domestic violence charges and knows your case requires a diligent, competent, and thorough attorney. Do not feel embarrassed by an accusation of domestic violence. Do not let the stigma force you into believing you are a bad person. Call me today and I will stand by you through every step of your case.

Kidnapping

According to Georgia law, a person commits kidnapping when he or she abducts or steals away another person without lawful authority or warrant and holds the other person against his or her will. In order to commit kidnapping, the abducted individual only needs to be moved slightly, unless movement occurs during the commission of another offense. Like other violent crimes, the penalty for kidnapping varies depending on the circumstances.

A person convicted of kidnapping will be sentenced to a minimum 10 years; however, a judge has the discretion to sentence up to 20 years, if the kidnapping involved a victim who was 14 years of age or older. If the kidnapping involves a victim under the age of 14, the judge can sentence up to life imprisonment. The death penalty can be sought against those who kidnap for random or it he victim receives bodily injuries.

If you have been charged with kidnapping it is essential to seek experienced criminal defense representation as soon as possible. I am Timothy McCalep and zealous attorney you need. It is likely the facts of your case may allow a kidnapping charge to be reduced to a lesser offense. Share your story with me today by contacting my office. I look forward to fighting for your rights.

Contact Me, Timothy McCalep, Today

Violent crimes charges are extremely serious and have life-changing consequences. As your attorney, it is my job to keep you informed as I fight for your rights. To discuss any criminal charges, contact my office at 404-692-7525 or via the contact form.