Aggressive Criminal Defense in Georgia
Looking for an experienced criminal defense attorney? If you have been arrested or charged with a crime in Georgia, the attorneys at Fennell, Briasco & Associates™ are ready to stand up in your defense. With over 85 years of combined experience in the Georgia criminal justice system, our team knows which levers to pull, which arguments to make, and what motions to file for the best chances of success. Contact us today at (770) 956-4030 for a FREE case evaluation.
Aggressive Legal Strategies. Fighting For Your Rights
Whenever someone is charged with a crime in Georgia, from DUI to drug possession, they have the right to defend against the charges and present evidence in their defense. All criminal defendants have both constitutional rights and statutory rights, as provided by the United States Constitution, the Georgia Constitution, and Georgia law. The problem is that these rights aren’t always easy to assert. You need an experienced legal team that can fight for your day in court, without bending from pressure by local prosecutors or law enforcement officials. At Fennell, Briasco & Associates™, our goal is to exercise your rights to the fullest extent of the law. We utilize the latest and most effective legal strategies to fight for your freedom and dignity. Aggressive legal representation is about results—and that’s what we strive to deliver.
How We Represent Our Clients
Every criminal case is different. That’s why we examine an entire field of legal strategies to find the best argument for your case. Ultimately, our goal is to help get your life back to normal. For many clients, that means trying to avoid jail time, dismiss or reduce charges, or seek pretrial diversion. We start by looking at all potential legal issues and strategies in your case, including:
Potential Criminal Defense Arguments
The Fourth, Fifth, and Sixth Amendments provide you with rights against unfair police stops and searches. Unfortunately, police don’t always abide by these constitutional constraints. We help clients argue against warrantless or non consensual searches that violate their constitutional rights. When the police violate these rights, the courts must exclude evidence that is “fruit from the poisonous tree.” We fight to exercise your constitutional rights against overreaching and unfair police practices.
The rules of evidence are complicated. In a nutshell, not all evidence is admissible in court. For instance, hearsay statements are a common evidentiary challenge in criminal cases, where an unreliable third-party witness tries to offer testimony against you. In most cases, you have the right to exclude this evidence. At Fennell, Briasco & Associates™, we’re always looking for ways to push back against unfavorable or unreliable evidence.
If the prosecution doesn’t have enough evidence to prove their case, our team will often seek a motion to dismiss. A motion to dismiss may be filed when the facts (even when viewed in favor of the prosecution) aren’t enough to prove the alleged crime. Even if the court rejects the motion to dismiss, our attorneys are prepared to take your case to trial.
Abandonment & Withdrawal:
What happens if you withdraw from a criminal act before completing it? For instance, in a DUI case, what happens if you’re arrested before you start the ignition in your car? Similarly, what happens if you’re arrested before an illegal transaction takes place? In some cases, you may have the right to the defense of abandonment or withdrawal. Our team aggressively looks at all the facts in your case to determine if this type of legal defense may be right for you.
Voluntary and involuntary intoxication can sometimes work in your favor. For some crimes, intoxication can negate the necessary element of intent, meaning that you didn’t have the right state of mind when committing the crime. For instance, if you unintentionally break the law after an adverse reaction to medication or a new prescription, then you may be entitled to the affirmative defense of intoxication.
Mistake of Law or Mistake of Fact:
Many criminal statutes in Georgia require that the defendant act “knowingly” or “intentionally.” What happens in cases where the defendant accidentally or unknowingly breaks the law? In these cases, you may be entitled to the defense of mistake of law or mistake of fact. Our team is always looking at ways to use the law for the best shot at obtaining your freedom.
If you were involved in a physical altercation, you may have acted in self-defense. Commonly, for charges of assault or battery, Georgia law allows defendants to dismiss criminal charges if they were acting in self-defense or defense of others. If you believe this defense might apply to you, make sure you consult an attorney about your rights.
Breaking the law might have been unavoidable. For example, what if you received a serious traffic ticket because you were responding to a family emergency or avoiding a potential car accident? The defense of necessity argues that you broke the law in order to avoid a greater harm. In some cases, you might be entitled to this legal defense, which can help you dismiss misdemeanor or felony criminal charges.
FREE ATTORNEY CONSULTATION
CONTACT US TODAY
Criminal Defense Practice Areas
Communities We Serve
With four licensed Georgia attorneys, our team has a strong foundation of experience and connections in the state criminal justice system. We proudly serve communities across Metro Atlanta, including: