Gwinnett County Criminal Defense Lawyers

Gwinnett County Criminal Defense Attorney

A criminal charge in Gwinnett County – whether misdemeanor or felony – can change your life. Jail time, fines, probation, and a criminal record follow conviction. A conviction can block employment, limit housing, affect firearms rights, and create immigration consequences. If you have been arrested or charged in Gwinnett County, you need competent legal representation from a criminal defense attorney. Our lawyers know how local courts in Lawrenceville, Duluth, Norcross, Suwanee, Snellville, Buford, and surrounding areas operate.

Before you make any decision about your case, get a FREE attorney consultation with a co-author of Georgia’s leading law book on DUI laws. Our criminal defense law firm can be reached 24 hours a day at (404) 567-5515.

Assault Charges in Gwinnett County

Under Georgia law, simple assault occurs in two ways. A person commits simple assault by attempting to injure another person. A person also commits simple assault by taking an act that makes another person fear an immediate violent injury. Simple assault is a misdemeanor by default.

Georgia law elevates simple assault to a misdemeanor of high and aggravated nature in several situations. These include assault in a public transit vehicle or station. They also include assault against a public school employee acting in official duties. Assault against a pregnant female qualifies. Assault between past or present spouses qualifies. The same is true for parents of the same child. Family-violence relationships as defined by statute also count. Georgia law provides no age-65 enhancement for simple assault.

Aggravated assault is a felony. The state can prove this charge under four alternative theories. First, assault with intent to murder, rape, or rob. Second, assault with a deadly weapon or any object that, when used offensively, is likely to cause serious bodily injury. Third, assault by discharging a firearm from within a motor vehicle toward a person. Fourth, assault by strangulation.

Sentencing enhancements apply to an aggravated assault when the victim holds a specific status. If the victim is age 65 or older, the sentence range is three to 20 years. If the victim is a public safety officer engaged in official duties, the range runs from five to 20 years, and from ten to 20 years when the assault involves discharging a firearm. A victim's status raises the sentence for an aggravated assault already committed; it does not convert a simple assault into an aggravated one.

Assault cases are routinely litigated in Gwinnett Superior Court and State Court. An experienced criminal defense lawyer can challenge identification, intent, and self-defense claims. Defense counsel also challenge whether the weapon or injury meets the statutory threshold.

Criminal Charges We Defend in Gwinnett County

Our Gwinnett County criminal defense attorneys handle the following charges across Superior, State, and Recorder's Courts:

• DUI
• Drug Crimes
• Assault
• Theft
• Shoplifting
• Gun Charges
• Sex Crimes
• Domestic Violence
• Fraud
• Prostitution
• Solicitation
• Traffic Tickets
• Expungement
• Gwinnett County Courts Guide: Superior, State, Recorder's Court & Case Search

Theft and Shoplifting Charges in Gwinnett County

Under Georgia law, theft by taking occurs when a person unlawfully takes property of another. A person also commits theft by being in lawful possession and then unlawfully appropriating property of another. In both cases, the person must intend to deprive the owner of that property. "Deprive" includes withholding property for a short time. The state does not have to prove an intent to keep the property forever.

Georgia law sets the punishment for theft largely by the value of the property taken:

• $1,500.00 or less – misdemeanor
• $1,500.01 to less than $5,000.00 – felony, one to five years (may be sentenced as a misdemeanor at the court's discretion)
• $5,000.00 to less than $25,000.00 – felony, one to ten years (may be sentenced as a misdemeanor at the court's discretion)
• $25,000.00 or more – felony, two to twenty years

Separately, a person with two prior theft convictions faces a felony on a third conviction regardless of value, punishable by one to five years and, in the trial judge's discretion, as a misdemeanor.

Georgia law defines shoplifting separately. The offense includes hiding merchandise. It includes altering a price tag. It includes moving goods from one container to another. Similar acts done with intent to deprive the merchant also count. Shoplifting becomes a felony punishable by one to ten years when the property exceeds five hundred dollars in value. Shoplifting is also a felony when a person shoplifts from three or more separate stores in the same county within seven days and the aggregate value exceeds five hundred dollars. The same felony range applies when shoplifting thefts over a period of 180 days add up to more than five hundred dollars. A fourth shoplifting conviction is a felony regardless of value, and the first year of that sentence cannot be suspended or probated.

Theft and shoplifting cases in Gwinnett County are prosecuted in Superior Court when the charge is a felony and in State Court when it is a misdemeanor. Defense strategies often focus on value disputes. Challenging the intent element matters greatly. Identification issues also arise. Pursuing diversion or pretrial options is part of the defense approach where available.

What to Expect After a Gwinnett County Arrest

Most people have never been inside a courthouse before. The first days after an arrest feel like a blur. Here is how we walk a new client through them.

We start with a free call. You tell us what happened and where you were arrested. We ask for your citation, your bond paperwork, and any court date you were handed. Those few pages tell us a lot.

Next we sort out which courthouse holds your case and when you are due there. We tell you what to bring and what to wear. We also tell you what not to do. Do not call the other person in the case. Do not post about it. Do not talk it over with anyone but your lawyer. Clients often ask whether they should remain silent if an officer calls again. Call us before you answer anything.

Then we dig into the file. We ask the state for what it has. We read the police report line by line. We look for video, we look for witnesses, and we look for gaps. We check what law enforcement wrote down at the scene and what it left out. If something does not add up, you hear about it early.

You will hear from us at each step. We return calls the same day when we can. If a court date moves, you find out from us first.

Where to Find Us in Gwinnett County

Our office takes cases across the whole county. We meet clients in Lawrenceville, Duluth, Norcross, Suwanee, Snellville, and Buford. If you want a criminal defense attorney Gwinnett County GA residents can reach after hours, call us. The first call costs nothing.

There are many attorneys in Gwinnett County Georgia. Ask any criminal lawyer you call how often they stand in these courtrooms. Ask who will actually handle your file. Ask what the fee covers. Then pick the firm whose answers you believe.

Speak With a Gwinnett County Defense Lawyer Today

If you face a criminal charge in Gwinnett County, early representation matters. A skilled criminal defense attorney can make a meaningful difference. Defense counsel who regularly appear in Gwinnett Superior Court, State Court, and Recorder's Court understand how local prosecutors build cases. They also know how judges handle bond hearings, pretrial motions, and sentencing.

At each stage – bond, discovery, suppression motions, plea negotiations, and trial preparation – a criminal defense lawyer works to protect your rights. Defense counsel identify weaknesses in the state's case. Early involvement may affect bond conditions. It may influence charging decisions. It may open the door to diversion programs where eligible. In some situations the prosecution abandons the case entirely, an outcome known as nolle prosequi in Georgia criminal cases.

A criminal defense lawyer Gwinnett County GA clients hire should be easy to reach. We keep a 24-hour answering service, so your call gets returned.

When you need an experienced Gwinnett County criminal defense attorney, Kohn & Yager LLC is ready to help. Our Atlanta Criminal Defense Lawyers & Attorneys serve clients across All Areas We Serve Across Georgia. See what past clients say in our Client Reviews or View More feedback. You may also Submit a Law Firm Client Review.

Contact Us for a free consultation. Every case depends on its own facts and circumstances. The information on this page is general information about Georgia law and is not legal advice. Consult an attorney about your specific situation.

Frequently Asked Questions

Is Simple Assault a Misdemeanor or a Felony in Georgia?

Simple assault is a misdemeanor. But the offense is elevated to a misdemeanor of high and aggravated nature in certain situations. This includes assault against a pregnant female. It includes assault against a public school employee acting in official duties. It also includes assault in a family-violence context.

What Makes an Assault "Aggravated" Under Georgia Law?

Assault becomes aggravated in four ways. First, assault with intent to murder, rape, or rob. Second, assault with a deadly weapon or object likely to cause serious bodily injury. Third, assault by discharging a firearm from a motor vehicle. Fourth, assault by strangulation. Aggravated assault is a felony.

At What Dollar Amount Does Theft Become a Felony in Georgia?

Theft becomes a felony when the property exceeds fifteen hundred dollars in value. The sentence range increases with the value of the property taken. For property worth twenty-five thousand dollars or more, the range is two to twenty years.

When Is Shoplifting a Felony in Gwinnett County?

Shoplifting is a felony punishable by one to ten years when the merchandise exceeds five hundred dollars in value. Shoplifting is also a felony when a person shoplifts from three or more separate stores in the same county within seven days and the aggregate value exceeds five hundred dollars. The same felony range applies to shoplifting thefts within a 180-day period totaling more than five hundred dollars, and to a fourth shoplifting conviction regardless of value.

Which Court Will Hear My Gwinnett County Criminal Case?

Felonies go to Gwinnett County Superior Court. Misdemeanors are typically handled in Gwinnett County State Court. Some minor offenses, including certain traffic matters, may be heard in Gwinnett County Recorder's Court. An attorney in Gwinnett County GA can explain which court applies to your case.

Is a Criminal Justice Attorney Gwinnett County GA the Same as a Criminal Defense Lawyer?

People use both phrases. "Criminal justice" names the whole system – police, courts, jails, and probation. A defense lawyer is the one person in that system who works for you. If you searched for one term and landed on the other, you are in the right place.