The intent of the perpetrator can affect an assault charge in that it may show evidence of an attempt to cause a violent injury to the victim. However, the intent of the perpetrator can be irrelevant to the extent that it relies upon the perception of the victim. In other words, the focus should be on whether or not the accused tried or succeeded in committing an act that placed the victim in fear of immediate violent injury. For example, if someone threw an object toward an individual without intending for the object to make contact, the victim may have assumed that the intention was for the object to make contact with them, and they may have felt fearful as a result. Under such circumstances, the actual intent of the person who threw the object would be irrelevant.
What Defense Strategies Can Be Used In An Assault Case? Is Self-Defense A Viable Defense?
Self-defense is absolutely a viable defense in assault cases; in fact, it is one of the defenses that is often most successful in these cases. When raising self-defense as a defense to a charge in Georgia, an individual is afforded special protections that allow them to have a pre-trial hearing with a judge. The judge has the power to completely dismiss the charges before the individual has to go to trial, which is a huge benefit. These charges can also be defended successfully by attacking the credibility of the witnesses. Aggravated assault often occurs between people who do not have a high level of credibility, so using their prior history against them can be helpful in casting doubt on their credibility.
What Are The Penalties For Assault And Aggravated Assault & Battery Convictions In Georgia?
Simple assault is punishable as a misdemeanor and can result in up to 12 months in the county jail and a fine of up to $1000.00. Aggravated simple assault charges are punishable as felonies and can result in up to 20 years in prison and a $5000.00 fine.
Why Do I Need A Highly Experienced Criminal Defense Attorney To Represent Me In My Assault Case?
Assault charges are complex and carry serious consequences, but an attorney who deals with them day in and day out is going to know the best ways to defend them or potentially get a case dismissed. Even if someone is completely honest with the police, their words can be twisted and taken out of context in a way that makes them look guilty. However, this will not happen if an attorney is involved, so it is best to hire one than to risk undertaking the process without one.
Additional Information On Assault Charges In Georgia
According to the statute in Georgia, any object that is used in the commission of an assault and is considered a deadly weapon or considered likely to result in serious bodily harm will result in a charge of aggravated assault. This means that the offensive use of a baseball bat, golf club, vehicle, or even a person’s hands could result in an aggravated assault.
For more information on Intent Of Alleged Assault Perpetrator, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.