Legal Question in Criminal Law in Georgia

can a persons probation be revoked if the new aggravated assault charge is found to be self defense? also if two aggravated assault charges are ran together do they still count as two separate charges?


Asked on 1/19/11, 5:24 pm

1 Answer from Attorneys

Lawrence Lewis Lawrence Lewis, P.C.

First, who will determine if it was self-defense. If a jury finds you NOT GUILTY of aggravated assault, after you argue self-defense at trial, and the violation of probation (VOP) judge accepts that the verdict means you were protecting yourself, then there will be no violation of probation. IF the VOP judge makes his own determination about the self-defense, the jury can find you NOT GUILTY, and the judge can violate the probation.

Second, I don't know what ran together means. If you mean "merge" together, then there is only one charge. If you mean the sentences on the two charges were "run concurrent" then there are still two separate charges.

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Answered on 1/24/11, 5:57 pm


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