Q: can someone get first offender act if charged with 2 counts of aggravated assault and possession of firearm
the person already has a plea but hasnt excepted it because lack of evidence
A: The short answer is yes. However, the person must not have a prior felony conviction and the aggravated assault charge must not have been against a law enforcement officer. Further, judges have wide discretion in sentencing someone as a first offender. See O.C.G.A. section 42-8-60. Therefore, the person should consult a criminal defense attorney who can make arguments and meet the notice requirements, which would increase the likelihood of being sentenced as a first offender.
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