What is at stake
The offenses of murder, armed robbery, kidnapping and rape can mean a life sentence in prison in Georgia and the State often seeks the maximum punishment. Other violent offenses such as aggravated assault and aggravated battery can carry up to twenty years in prison. Obtaining a bond on these cases can be difficult and it is important that you have someone who can help you obtain a bond and fight your case.
How the defense is built
The defense is prepared from the first day as if the case is going to trial, because the State prepares that way. That preparation includes independent investigation before witnesses’ memories harden; preservation of video the police did not collect; expert review of forensic evidence, medical records and cell-site data; and self-defense and justification under Georgia’s stand-your-ground law where the facts support it. It also includes a careful examination of whether the State can prove identity, intent and each element of the charge, the points on which Brandon saw cases fail during his years as a prosecutor.
Common questions
What is the difference between murder and manslaughter in Georgia?
Murder requires malice, express or implied, or a death during the commission of a felony. Voluntary manslaughter is a death caused in a sudden, violent fit of passion resulting from serious provocation; involuntary manslaughter is an unintentional death occurring during an unlawful act or a lawful act performed recklessly. The difference amounts to decades in prison.
What is aggravated assault in Georgia?
An assault with intent to murder, rape or rob; or with a deadly weapon or any object likely to cause serious injury; or by discharging a firearm from a vehicle. It is a felony carrying one to twenty years, and it is charged far more often than most people expect, including for a fist fight where someone was badly hurt.
Can I get bond on a murder or armed robbery charge in Forsyth County?
Only from a Superior Court judge, after a motion and hearing. It is not automatic and the State will argue against it, but bond is granted in many serious cases when the defense presents strong ties, a clean history and a credible supervision plan. Brandon files the motion immediately.
Does self-defense apply if I used a gun?
Georgia permits the use of deadly force when you reasonably believe it is necessary to prevent death, great bodily injury or a forcible felony, with no duty to retreat. Whether your belief was reasonable is decided on the facts, and immunity can be raised before trial in a separate hearing.
This page is general information about Georgia criminal law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.