Assault and battery are normally charged together, though these two terms have different meanings. A criminal charge of assault and battery carries a different definition and burden of proof rather than a civil complaint of either act alone. Knowing the differences between these two terms can help you protect your legal interests and rights. If you are convicted of assault and battery, you will face long-term consequences, which is why it important to get help from Gwinnett County criminal defense lawyers. Call Crawford and Boyle, LLC, today to schedule your free consultation.
How Is Assault Defined Under Georgia State Law?
There are two types of assault defined under Georgia law, the first is an attempt to cause a violent injury to another individual. The second type of assault is the commission of an act which places an individual in a reasonable apprehension of immediately receiving a violent injury. For example, if I was to try to punch another person, that would be considered a simple assault of the first type. If I was to act as if I was going to punch someone without having the intention of actually making contact with them, then that would also be considered simple assault, so long as it placed that individual in a reasonable apprehension of immediately receiving a violent injury.
Is Assault Considered a Misdemeanor Or A Felony Charge In Georgia?
In Georgia, simple assault is a misdemeanor punishable by up to 12 months in the county jail, a fine of up to $1000.00, or both.
What Are A Few Examples Of Criminal Acts That Fall Under Assault?
Throwing a punch at someone, throwing an object at someone, and disorderly conduct that places someone in fear of receiving a bodily injury are all examples of acts that would be considered assault. However, parental discipline cannot qualify as assault under Georgia law, which means that if a parent spanks or grabs a child by the arm, it would not be considered assault.
Does The Alleged Victim Actually Need To Be Injured Or Show Injury For An Assault To Have Technically Occurred?
An alleged victim does not need to be injured in order for an assault to have occurred.
What Factors Would Typically Enhance Or Aggravate An Assault Charge In Georgia?
A simple assault charge can be enhanced to a misdemeanor of a high and aggravated nature, which is a charge that carries a heavier sentence than simple assault. There are five ways in which a simple assault charge can become high and aggravated:
- By being committed on a public transit vehicle such as a bus or train;
- By being committed between family members or individuals who currently or formerly lived together;
- By being committed against a person 65 years old or older;
- By being committed against an employee of a public school system while engaged in their duties or on school property; or
- By being committed against a pregnant female
There are also four ways in which a simple assault can be elevated from a misdemeanor to a felony aggravated assault:
- By being committed with the intent to murder, rape, or rob;
- By involving the use of a deadly weapon or an object likely to cause serious injury;
- By involving an object that can or does result in strangulation; or
- By involving the discharge of a gun from a vehicle
How Does The Degree Of Injury Suffer By The Alleged Victim Affect The Assault Charge?
For the most part, the degree of injury is irrelevant to the charge itself; it becomes relevant only under limited circumstances whereby the victim receives a serious bodily injury or is strangled. The prosecutor builds their case and meets their burden of proof by showing that an injury was either possible or likely to occur.
For more information on assault charge in the state of Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (678) 726-5400 today.
Effective Strategies to Protect Your Future
If a defendant is facing charges for the battery, they will also face assault charges. However, if a defendant has not inflicted harm on another person, they might only face assault charges. For this reason, it is important to consult with and hire an experienced criminal defense attorney who can come up with the right defense strategy that can protect the defendant’s best interest.
Some effective strategies could include:
- Self-defense: Not all violent acts occur unprovoked. In cases where a person feels their safety is threatened, or that the safety of another or their property is threatened, there may be a case to prove they acted lawfully.
- Consent: While the state of Georgia does not look kindly upon any acts of aggressive violence, the equal involvement between the two parties could make a strong case for the innocence of the accused.
Call Our Assault Attorney in Gwinnett County Today
Crawford and Boyle, LLC, offers free consultations to help you get through your challenges. If you face accusations of assault or battery, you should call our firm right away to begin planning how to approach your charges. We have helped many people to get charges either reduced or dropped through effective planning and preparation.
Facing charges for assault in Gwinnett County? Dial (678) 726-5400 now to schedule your free consultation.
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