Assault & Battery Lawyers Gwinnett County
Experienced Defense Against Assault Charges
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 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 is important to get help from criminal defense lawyers. Call Crawford and Boyle, LLC, today to schedule your free consultation.
Protect your future. Call the assault lawyer at Crawford and Boyle, LLC, today by dialing (678) 680-5000 or contacting our firm online.
Assault Laws in Georgia
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 that places an individual in a reasonable apprehension of immediately receiving a violent injury. For example, if I were to try to punch another person, that would be considered a simple assault of the first type. If I were to act as if I were 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.
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.
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.
What Are The Penalties For Assault And Aggravated Assault & Battery Convictions In Georgia?
In Georgia, simple assault is a punishable as a misdemeanor and can result in up to 12 months in the county jail, a fine of up to $1000.00, or both. Aggravated simple assault charges are punishable as felonies and can result in up to 20 years in prison and a $5000.00 fine.
Defending Against Assault Charges
If a defendant is facing charges for 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 interests.
Some effective defense strategies 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. In fact, self defense is one of the strategies 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.
- 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.
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 to 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
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.
How Does The Degree Of Injury Suffered 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 charges 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) 680-5000 today.
Why Do I Need A 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 a criminal defense attorney before an arrest than to risk undertaking the process without one.
Call Our Assault & Battery Attorney 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 or a dedicated Lawrenceville assault and battery lawyer 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? Dial (678) 680-5000 now to schedule your free consultation.