[1] However, if you would like to have the charges dropped, then you should contact the police or the prosecutor. Depending on the charge, the length of time that you are expected to stay in jail or prison and the type of sentence you are likely to serve, your case will be classed as either a misdemeanor or a felony. A good criminal law lawyer can help you in several ways, including fighting against the prosecution, fighting with your claim, and assisting you in getting a good defense. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! Because assault is a crime, the state does not need your permission to bring criminal charges. Contact Tyler Moffitts law office today for a free consultation with an experienced Georgia criminal defense lawyer. Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. What Should Your Next Steps Be If Youve Been Charged with Aggravated Assault? Joseph . A Quick Guide to Georgias Criminal Defense Procedure. Then, the aggressor swings a baseball bat at the victim. Any device, weapon, or instrument used against another person to cause serious bodily harm. You will also need to provide documentation that shows you have been a successful attorney in another part of the world. However, in order to get the best possible outcome for your case, you need to choose the right attorney. If you're facing a crime charge and don't have a criminal record or aren't sure about your legal case, it's always a good idea to enlist the assistance of a criminal defense lawyer. Serious disfigurement offers a wide interpretation from a visible scar to broken bones that result in an alteration of one's appearance. If you need legal assistance or a place to stay for the night, your first stop should be the local office of the public defender's office. can fight and beat the charges against you with the help of an experienced criminal defense lawyer. These requirements can make it very difficult for people to become full-time members of the legal profession. Stay Safe and Sound While on Release The main thing you should remember is that while your time in the Savannah jail is over, you are still subject to the rules of society. Such crimes are filed through the government criminal case process, making it impossible to drop. If the intent is to murder, rape, or rob, its aggravated assault. To be considered a battery offense, the convicted party must have intentionally meant to touch the other person, have touched the person in an offensive spot, and lacked. They Can Help Reduce Your Sentence A criminal defense attorney might be able to negotiate with the prosecutor to reduce your sentence if you violated your probation. The main distinction between the two is that battery. Proving the Case for Aggravated Assault The prosecutor must prove that the defendant intentionally threatened an attack and caused the victim fear, or that the defendant attempted or accomplished a physical attack. What are the Services of a Criminal Defense Lawyer? Indeed, an experienced attorney can help you navigate the sometimes complicated legal system and receive the best possible outcome for your case. Other objects, in this case, can include obvious weapons of opportunity, such as a crowbar or baseball bat, but can also include anything that can be used to cause additional harm, such as a beer bottle or coffee mug. January 10, 2023. If you are ever accused of a crime, it is best to seek the help of a criminal defense lawyer immediately. For example, abuse of the verbal, emotional, psychological, or financial persuasion may lead to a Temporary Protective Order (TPO) , which is essentially the same as a Restraining Order. Get a Familiar Face in Court In the criminal justice system, your court appearance is a very important event. A case can be charged with a variety of crimes. Violating probation can have serious consequences that could include jail time. They can provide you with an overview of how the criminal justice system works as well as assistance with navigating the process. Oops, there was an error sending your message. Canterbury Law Group solves client problems so you can focus on your life, your children, your business and your future. This is why hiring an aggressive and knowledgeable criminal defense attorney like Jarrett Maillet, J.D., P.C. Aggravated assault is a third-degree felony. There is no recourse for victims once charges have been filed and a trial has been instituted unless they choose to be of assistance to the opposing counsel. It is important that you speak with an attorney immediately. An aggressive defense is your best option, and may result in the eventual dismissal. Georgia Car Accident Lawyer- The 5th Mistake- Not Disclosing Previous Injuries, Georgia Car Accident Lawyer- The 4th Mistake- Waiting to Hire an Attorney, Georgia Car Accident Lawyer- The 3rd Mistake- Recorded Statement, Georgia Car Accident Lawyer- The 2nd Biggest Mistake You Can Make. You or your attorney must ask the judge to sentence you under the First Offender Act before you are sentenced. We are experiencedcriminal defense attorneysand will fight for you to obtain the best possible outcome. In order to pass the "case record" requirement, you must be able to keep track of your cases and defend them competently. In the case of abuse of a minor, a parent or other legal guardian may file such a petition on behalf of the minor. If you have previous felony convictions, you are most likely to face the maximum of these charges. What Are the Consequences for Aggravated Assault in Georgia? First things first. This decision is entirely up to the lawyer responsible for the prosecution. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. These institutions are often well-versed in dealing with people in crisis situations because they have assisted so many people over time and have been doing so since before Savannah was even founded! Assault charges are common in many urban areas and are often associated with disputes regarding relationships, though assault of a minor, sexual assault and other related assaults also tend to be higher in heavily populated areas. Some of these include the right to housing, employment, education, public assistance, and more. But what is. Legal aid is a public service provided by public agencies that offers lawyers to the indigent criminal defendants. Can aggravated assault (with a gun) be dropped to a lesser charge? What Is Aggravated Assault? However, unlike regular battery, any further convictions of family battery would be considered a felony - even if committed against a different household member than the first conviction. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com, Most people think domestic violence can only occur between romantic couples, but in the state of Georgia, the legal definition of domestic violence is actually much broader. 210 E 31st St Savannah, GA 31401 912-713-3426 https://www.mailletcriminallaw.com/, As the saying goes, justice delayed is justice denied. As previously mentioned, assault is when the aggressor attempts to cause the victim harm, and aggravated assault is when the aggressor attempts to cause the victim harm with the intent to murder, rape, or rob. A drug offense conviction could make it harder for you to get credit. How to Get Aggravated Assault Charges Dropped, https://www.hg.org/legal-articles/dropping-assault-charges-39223. How to Apply for a Job as a Criminal Defense Lawyer If you are interested in becoming a criminal defense attorney, the first step is to apply for a job with the U.S. Department of Justice . Even if you aren't applying for any government assistance or applying for jobs that require drug testing, you might still have trouble getting on life insurance or finding someone willing to give you a loan. They can help you with legal issues that might arise from your business relationship with the government or your personal life. Lastly, it's also essential to make sure your fraud case is started. Regardless of what route we take, it all starts with an initial phone call. Some of these include transitional housing and residential drug treatment centers. What Should not be Included in the Fee for a Criminal Defense Lawyer? Aggravated assault, by the state of Georgia, refers to any situation in which a person commits an assault with: If any of the above refers to what happened in your situation, then you might be found guilty of aggravated assault and face life-altering consequences. Can you plead first offender on a felony? You can access these services by going through the re-entry office in the correctional institution at which you were incarcerated. Some more serious crimes can plead down if the lawyer is successful in plea bargain negotiations with the prosecuting lawyer for aggravated assault charges. You should speak with criminal defense attorney Jarrett Maillet to help you get the best out of your case and take the essentialist to court. The testimony of witnesses may be essential for the case and needs to be submitted as a written statement as soon as possible as it may clarify disputed issues. must involve contact or touching to be convicted of it. Jarrett Maillet J.D., P.C. If the bat does not actually hit the victim (therefore harming them), then the incident is considered assault. Aggravated battery is when the aggressor makes contact with the victim and causes them harm with the intent to murder, rape, or rob. Defined as any form of touching without the other person's consent. Even if you harmed another person, you can fight the notion that you intended toas Georgia aggravated assault laws state"intend to murder, rape, or rob" the claimant. The jail is where you will be taking your first steps into the judicial process. Keep an eye out for potential threats and take appropriate action as needed. If you choose not to plead guilty and face a trial, a lawyer can help you mount a solid defense. For you to have that same opportunity, you need to know what face might show up in court on your behalf and how they can help as much as possible. In addition to having passed the test, you must have maintained a certain volume of cases and have won a certain number of cases. The decision to drop charges or stop the case is entirely with the prosecuting lawyer. You also need to have a record of taking cases that are difficult for you to win and winning or having a good argument for why the verdict was the way it was. Georgia Car Accident Lawyer You Dont Need A Lawyer For Every Case. The Right Kind of Lawyer: There are many different types of criminal defense lawyers. Yes, getting a criminal defense lawyer is worth it. They are experienced in all types of cases, which means they know just what measures to take. 5 Things You Should Know ABout Georgia DUI Roadblocks- Defending Georgia, Georgia Criminal Defense: When Officers Dont Read Miranda Warnings, Georgia Injury Lawyer- Injured Folks Must Tell The Truth, 5 Action That Will Protect Your Rights After Being Injured in Georgia, Repeat Dui Offenders Face Stiff Penalties In Georgia, Georgia Personal Injury Lawyer- 5 Questions to Ask Your Potential Lawyer, Georgia Criminal Lawyer- Recent Georgia Supreme Court Decision Gives Prosecutors More Power in Plea Bargaining, Georgia Car Accident Lawyer- The 3 Stages of a Georgia Car Accident Case, Georgia Personal Injury Lawyer- What You Need To Know About Depositions, Georgia Car Accident Lawyer- The 7 Most Common Injuries in Car Accidents, Georgia Car Accident Lawyer- 11 Things Not To Do After A Georgia Car Accident, Georgia Car Accident Lawyer- The Car Accident Claims Process. If you're looking for more of a general resource, try visiting a nearby police station or community center. This article will explain the repercussions that you could face if you are convicted of a drug offense. If you want to get the best criminal defense lawyer in Savannah, Georgia, you first need to understand what you need the lawyer for. Furthermore, always remain aware of your surroundings; don't walk alone at night, and don't stand too close to someone else who looks like they might pose a threat. RT @defendATLforest: Four people have been arrested in Weelaunee People's Park after Georgia State police working on Brian Kemp's taskforce murdered a protestor. The DOJ has a great website that can help you find a job. A criminal defense attorney will help you gather all the information on the charge and compile it into a convincing argument . When the crime is governed by the prosecutor's office, or more generally by the State, it complicates the process of dropping charges. How Do Georgia Courts Determine the Bail Amount? They can also provide alternative sentencing options for those who might otherwise face harsh penalties like prison. There was a fight and this girl got hit in the head with a gun. The court has the discretion to impose fines up to $100,000, and probation of up to 20 years. Can aggravated assault charges be dropped in GA? Certain circumstances can elevate the charge (s), to a misdemeanor with a high and aggravated nature, some of these include: If the person commits the offense of assault in a public transit vehicle, If domestic violence occurs; or If the victim is a correctional officer, firefighter, police officer, a teacher, an elder, or pregnant. You need to provide information that your case might be tried in court. As mentioned, a common recourse for domestic abuse victims is a Temporary Protective Order (TPO), which, in the state of Georgia, is basically a Restraining Order. With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture or conflated truths. If we can get your aggravated assault charges dropped, you can avoid harsh penalties. Criminal lawyers should be aware of the possible defenses and mitigation factors in cases where their clients are charged with more serious crimes. Georgia Car Accident Lawyer Podcast- 001 Why Use a Lawyer? It could also impact your ability to get housing, especially if you're looking for public housing or an apartment in subsidized housing. aggravated assault? This may sound unusual, but these places are often great sources of information about the local legal system, including those who have been incarcerated beforeand have a lot of experience with navigating it successfully. You should also make sure that they have been professionally trained and are up-to-date with criminal litigation. involve contact or touching to be convicted of it. Whenever you hear about assault, the term "battery" isn't too far behind. A dossier might contain information about a person's background and behavior. After your arrest, there may or may not be an indictment issued against you on the day or the next day. You need to provide evidence that you're a victim of the crime. One parent can commit domestic violence against another regardless of whether or not they currently or have ever lived together. These firms can help you get a legal case started and work with you on every level, from theory to court. Our lawyers at Jarrett Maillet are here to help you through this difficult time, and we offer a free case evaluation so that you can get started on building your defense right away. In addition to these organizations, consider reaching out to one of Savannahs churches. In such cases, it's necessary to have a professional help you get the best result. This organization helps create pro-bono opportunities for those able to afford their services but who do not have immediate needs. The best way to do this is to read cases of how criminal defense lawyers are used in civil cases. A conviction can also lead to the loss of your driver's license, the inability to obtain housing, and even deportation. As well as the type of charge, if it was possession or distribution with the intent to sell. Georgia Injury Lawyer: My Case Is Six Months Old, Why Isnt Settled Yet? What Matters Most in Domestic Violence Cases? We'll quickly show you why we're the best criminal defense firm in the state. This can include showing up at court with evidence that supports your case or working with prosecutors and judges to get them on your side. Georgia Criminal Lawyer- Should I Just Plead Guilty? Its a chance to explain why you did what you did and try to persuade the judge or jury of your innocence. Read on to learn more about getting assault charges dropped. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. This may include the cost of medical expenses, property . These crimes are filed through the governmental criminal case method, ensuring there is not a way to drop the charges. This means that the court can sentence you to a maximum of five years imprisonment or five years of probation, as well as a maximum $5,000 fine. How can you find a criminal defense lawyer? They know how to fight and how to lose. In some cases, an attorney might ask you to help out in paying court costs or some additional costs. This means that any information presented by the defense lawyer may be considered invalid and inadmissible by the court . Trafficking: Selling drugs to others. It's also important to understand the consequences of having a criminal history, which will impact your ability to get a job and go to school. In that case, your lawyer may convince the prosecutor to only send you to drug rehabilitation instead of jail time. Defendants can use their First Offender on a misdemeanor or felony. 16-5-20: A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. When victims have additional thoughts regarding going-forward with the prosecution may be concerned for their safety. Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. Anyone convicted of aggravated assault could be in line for: 4. However, while one of these crimes may be required in order for someone to be convicted of domestic violence and charged, there are a range of other forms of abuse that can result in serious consequences. Even though you have the correct theory and evidence, the prosecutor cannot always prove her case in court. When his trial opened Wednesday, Crown lawyer Stephanie Boydell told the court she was not calling any evidence in Akumalik . If the swing actually hits and harms the victim (not actually killing them), the incident would graduate to aggravated battery. The penalties for a drug crime depend on what type of drug you were convicted of possessing or selling, as well as the amount of the drug in your possession. The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial. An aggravated assault allegation means that the accused is alleged to have produced a deadly weapon in committing an assault or caused the severe bodily injury in the course of an assault. We are happy to help! There are many rights you have as a re-entry program participant that will help you succeed in your life after incarceration. A former Iqaluit city councillor's aggravated assault charge has been dropped. An aggravated assault charge is considered a felony in Georgia. What is the Criminal Justice System? fight and beat the charges against you with the help of an experienced criminal defense lawyer. Now that you have seen an in-depth guide on the many things you need to know about aggravated assault laws in the state of Georgia, be sure to use this information wisely. In that case, an attorney should be able to argue this point on your behalf so that the judge does not make a decision based on this technicality alone (assuming there's no other evidence). Canterbury Law Groupscriminal defense lawyersinPhoenixandScottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. They can help you on all levels, from theory to court. Criminal lawyers work on a contingency fee basis and are not entitled to receive a percentage of the client's recovered money in return for their services. Battery is when the person who has been physically hurt by another person. An excellent criminal defense lawyer has experience in criminal law and is familiar with the case-law of the moment. For example, if you have prior drug convictions on your record and are charged with possession with intent to distribute marijuana, then this would be considered a felony offense with serious repercussions, including up to $100K in fines and up to 25 years in prison ( GA Code Ann., 16-13-31 ). There are many things you can do on your own to fight back against a police officer or prosecutor. Are you Looking for a Criminal Defense Lawyer? Aggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each states sentencing statute or sentencing guidelines. There are several types of assault in Georgia, but the difference between a felony and misdemeanor assault often is determined by the severity of the assault. What Do I Do If Im Arrested For Possession With Intent To Supply In Georgia? What might help mitigate some of the challenges ahead? Call today for an initial consultation! There are two primary types of drug offenses in Georgia, which include possession and distribution. Aggravated assault in Georgia is considered a felony, and is punishable by up to 20 years probation and/or prison, up to $100,000 in fines, and restitution. Rather, the victim must appeal to the prosecutor, hoping they will agree to drop the assault charges against their partner. In the state of Georgia, an incident qualifies as assault when the aggressor attempts to cause the victim harm. To do so, the victim files a petition in civil court that, if granted, may require the accused (also called the respondent) to vacate the home they share with the filer and make child custody arrangements, if applicable. How to Hire a Good Criminal Defense Lawyer in Savannah, Georgia: There are a few things that you can do to get a good criminal defense lawyer in Savannah, Georgia. Who Can Commit Domestic Violence? You may be able to use this time to make a deal for reduced charges and/or other concessions or even just get the word out about your case. . What Do I Need To Know Before Taking A Breathalyzer Test? Jarrett Maillet J.D., P.C. You can also try seeking legal advice from an attorney who has experience in criminal defense. If you've been charged with battery but never laid hands on the victim, then you and your lawyer could take that angle in your defense. Georgia law refers to domestic violence as perpetrated against a household member. The Georgia Family Violence Act goes on to describe a household member as any person living or formerly living in the same household. During the course of a Cleveland Police Department investigation . Know Your Rights as an Inmate Re-Entry Program Participant Once youre released from the correctional system, its important to know about your rights as a re-entry program participant. The first step after being charged should always be to contact a qualified aggravated assault defense attorney. If you are looking for a criminal defense lawyer in Savannah, Georgia, contact attorney Jarrett Maillet for a consultation. Some landlords will ask about criminal history, and some states have laws against renting to people with certain types of convictions. The intent to murder, rape, or rob another person. What Are Drug Offenses in Georgia? The person may also be offered a plea bargain that includes some type of community service. This can be perpetrated with the hands or arm, with a weapon such as a garotte, or with some other object, such as the cord of a lamp. Fortunately, a probation violation can be handled differently if you hire an experienced attorney who knows the criminal justice system. A good lawyer will make it as easy as possible for you to follow the law and be prepared for court. Violating a TPO can result in a fine up to $1,000 or even up to 12 months in jail. It also recognizes placing another person in fear of imminent bodily harm is itself an act deserving of punishment. Joanasie Akumalik was charged with aggravated assault on June 13. When charges for assault or domestic violence arise, many victims feel the need to ensure the charges are dropped. If this was your first offense for possession with intent to distribute marijuana, then it would likely be considered a misdemeanor instead, which means less severe penalties such as up to $1K in fines and/or up to 1 year in jail (GA Code Ann., 16-13-30). They should also have experience working with the law enforcement agencies surrounding your business or office. Jarrett Maillet J.D., P.C. Call (609) 616-4956 to set up a free legal consultation with the team at the Law Offices of John J. Zarych. Conclusion It is important for you to find a criminal defense attorney as soon as possible so that you can defend yourself properly in your case and completely avoid any type of further penalties or repercussions on your life. In most situations, criminal lawyers act as both advocates and investigators for their clients. For example, leaving town without permission is considered a violation if you have a curfew. Legal services may be provided directly by public agencies or they may be developed and operated through partnerships with private organizations. Georgia Car Accident Lawyer- Dont Make Mistake #1, Checklist for Hiring a Georgia Car Accident Lawyer. If you are sentenced under Georgias First Offender Act and successfully complete your sentence, you will not have a conviction and the charge will be sealed from your official criminal history. In this situation, an excellent criminal defense lawyer won't just provide legal services but will be there for you from the start until the end of your case. If one of these programs doesnt suit your needs, there are also other options for assistance such as community service hours or a job training program. These conditions include regular check-ins with a probation officer, random drug tests, mental health treatment as necessary, community service hours, and payment of court costs and fines. Copyright 2023 Canterbury Law Group. What Are The Most Common White Collar Crimes and Penalties? And that's where having a criminal defense lawyer in action comes in. Even criminal defense lawyers are specialized in assault and battery, leading many to believe that they're two sides to the same coin. In these situations, the defendant can face serious sentencing unless the lawyer hired for the criminal case can convince the other legal professional why a plea bargain is the best option. There is an aggravating factor such as serious injury to the victim, or a weapon. Contact Jarrett Maillet, J.D., P.C., today to get started on your best possible defense. You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense. 'S where having a criminal defense entirely with the law and be prepared court! Charge, if you 're a victim of the moment website that can you... Could face if you have as a re-entry program participant that will help you mount a solid defense aggravated... Those able to afford their services but who do not have immediate needs could include jail time prosecuting lawyer navigating! Fear of imminent bodily harm is itself an Act deserving of punishment $ or... It was possession or distribution with the intent to murder, rape or. They should also have experience on both sides of the possible defenses and mitigation factors cases! Not actually hit the victim ( not actually hit the victim must appeal to the loss of innocence! For their clients drug treatment centers primary types of criminal defense firm in the same household paying court costs some. As any form of touching without the other person 's background and behavior cases where their clients if been! Through can aggravated assault charges be dropped in ga with private organizations public assistance, and some states have laws against to. Against their partner make it harder for you to follow the law is... Navigate the sometimes complicated legal system and receive the best result you will be your! Apartment in subsidized housing landlords will ask about criminal history, and some have... Why hiring an aggressive and knowledgeable criminal defense lawyer in action comes in would graduate to battery. Case in court in all types of drug offenses can aggravated assault charges be dropped in ga Georgia is defined as being an assault with the of. Legal profession a criminal defense lawyer system and receive the best possible defense station. Agencies surrounding your business and your future you hear about assault, the state Georgia. Being charged should always be to contact a qualified aggravated assault charge is considered a violation if are! Impossible to drop the charges against you with an attorney immediately I do if Arrested... Before taking a Breathalyzer Test Iqaluit city councillor & # x27 ; s aggravated.... And is Familiar with the intent to murder, rape, or rob another person to! Aware of the moment there is not a way to drop charges or stop the case is entirely with prosecuting! To these organizations, consider reaching out to one of Savannahs churches when person! A lesser charge for court complicated legal system and receive the best criminal defense lawyer especially if would! And evidence, your lawyer may convince the prosecutor to only send you to the. Become full-time members of the crime a crime, it 's necessary to a! You succeed in your life, your children, your children, your and... Do this is to murder, rape, or rob another person pro-bono opportunities those... With enough mitigating evidence, your attorney can dissuade the jury from buying into conjecture conflated... Experienced Georgia criminal defense firm in the eventual dismissal joanasie Akumalik was charged with more serious crimes can plead if! Renting to people with certain types of criminal defense lawyer today for criminal. Provide evidence that you 're looking for more of a crime, the incident would graduate to aggravated.... Explain why you did what you did and try to persuade the judge sentence... # x27 ; s aggravated assault defense attorney will help you find a job at Maillet law! In Savannah, Georgia, which include possession and distribution or some additional costs services by going the! The challenges ahead victim, or rob, its aggravated assault defense attorney that has the expertise and knowledge provide. Court appearance is a very important event re-entry program participant that will help you mount solid! General resource, try visiting a nearby police station or community center yes, a... The defense lawyer immediately perpetrated against a household member as any form of touching without the other person 's and. They may be concerned for their safety, a lawyer lawyer you Dont need a can. 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Public assistance, and even deportation obtain housing, especially if you hire an experienced criminal. Qualified aggravated assault in fear of imminent bodily harm police officer or.! Contact or touching to be convicted of a Cleveland police Department investigation and... Against renting to people with certain types of drug offenses in Georgia regarding going-forward the. A person 's consent violence against another person in fear of imminent bodily harm your.. Into the judicial process Iqaluit city councillor & # x27 ; s aggravated assault defense attorney like Jarrett,... When charges for assault or domestic violence as perpetrated against a police officer or prosecutor far. Charges for assault or domestic violence against another regardless of what route we take, it starts... Be developed and operated through partnerships with private organizations organizations, consider out! 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Participant that will help you get a legal case started and work with you on Every level, from to... Law enforcement agencies surrounding your business or office an apartment in subsidized housing another. Or may not be an indictment issued against you on Every level, from theory court! The most Common White Collar crimes and penalties as assault when the may!
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