Assault charges can be devastating to your reputation, career, and personal life. They can also result in serious time incarcerated. You do not need to face these charges alone.

To protect your rights, you need the guidance of an Alpharetta assault lawyer who can evaluate your case and formulate the strongest possible defense. An experienced defense attorney can be essential in your case receiving a positive outcome.

Defining Assault

Assault in Georgia is categorized into simple assault, aggravated assault, simple battery, battery, and aggravated battery.

Simple assault is defined as attempting to commit a violent injury against another person or putting a person in “reasonable fear of immediately receiving a violent injury.” An individual does not need to actually injure another person in Georgia to be found guilty of simple assault. The threat of the assault is sufficient. Simple assault is a misdemeanor. If the simple assault occurs in a public transit vehicle, between spouses or family, against an elderly person, against a teacher, or against a pregnant woman, the individual will be charged a high and aggravated misdemeanor.

Battery is similar to assault and occurs when an individual intentionally causes and actually makes physical contact resulting in some visible mark.

Difference Between Assault and Aggravated Assault

Aggravated battery occurs when there is a serious injury, such as breaking a bone or severe disfigurement.

The central distinction between assault and battery charges is that battery occurs when contact occurs, whereas assault occurs simply with the threat of violence or attempted act of violence. Aggravated assault occurs when an individual assaults another and:

  • Intends to murder, rape, or rob another
  • Uses a deadly weapon or any object used for purposes of strangulation
  • Shoots a firearm at another from within a vehicle

Aggravated assault carries a prison term from one to 20 years.

Aggravating Factors

Certain aggravating factors can result in even steeper sentences. For example, if the aggravated assault was made against a corrections officer or police officer, the sentence may be from five to 20 years. There are also heightened sentences for aggravated assault in the domestic context.

If an assault with attempt to rape is made against a child under the age of 14, the state can impose a prison sentence between 25 and 50 years.

The facts and circumstances surrounding an alleged assault will be subject to interpretation. An individual needs an experienced assault defense attorney in Alpharetta to review every detail of the assault charges and attack any weaknesses in the prosecution’s case.

Building a Defense

An Alpharetta assault lawyer can put forward a number of defenses to assault charges depending on the facts of a particular case.

For example, if an individual has been charged with simple assault or simple battery, their lawyer can use evidence that the victim used abusive language against them as a defense. Aggravating words could potentially justify simple assault or battery. A person may be immune to prosecution if they are defending themselves from the other individual.

Contacting an Assault Attorney

Georgia criminal statutes provide for severe penalties depending upon the specific facts and circumstances of an assault charge. You need an Alpharetta assault lawyer to review the details of your case and exploit any weaknesses in the prosecution’s case to reduce or possibly dismiss the charges. Do not attempt to go it alone, but contact an attorney as soon as possible.