Assaults are very serious criminal charges in Georgia and elsewhere. Moreover, if you and the assault accuser live under the same roof together, you could also be charged with domestic violence, which carries additional criminal penalties. If you have been charged with assault in the State of Georgia, time is of the essence, and you need experienced legal representation on your side throughout your case.
Assault charges, like many criminal charges, are very fact-specific. An experienced Cobb County assault lawyer will be able to listen to your version of what happened and can safeguard all of your Constitutional and legal rights while your criminal case is pending.
An experienced criminal attorney may be able to assist you with formulating legal defenses towards desirable outcomes such as potentially obtaining a dismissal or favorable plea deal with the prosecutor.
Common Assault Offenses
The Georgia Criminal Code provides for several different types of assault, depending upon the nature and extent of the circumstances surrounding the assault and the level of harm posed to the accuser. A Cobb County assault attorney often sees simple and aggravated assault cases.
A simple assault involves an attempt to use violence (or a threat of violence) against another person. The threat must be sufficient to place the other person in fear of imminent bodily harm. Because a simple assault is only punishable by less than one year in jail, a fine, community service, or a combination, simple assault is prosecuted as a misdemeanor under Georgia law.
How Severe is an Aggravated Assault Charge?
The facts and circumstances surrounding an aggravated assault are much more serious than those surrounding a simple assault. Aggravated assault involves an intent to murder, rape, rob, or commit some other serious felony against an accuser. Under Georgia law, aggravated assaults also include assaults with deadly weapons. Since aggravated assault is punishable by more than one year of incarceration (i.e. up to 20 years), it is deemed a felony under Georgia law.
Understanding Assault and Battery Laws
Under Georgia criminal law, in order to be charged with assault, a defendant need not actually touch or make physical contact with their accuser. The defendant only needs to place the plaintiff in imminent fear of a physical assault or harmful touching. Actually touching the accuser could potentially result in a battery charge.
What Are The Associated Defenses?
As with all crimes, Georgia law provides for various defenses to assault charges. An experienced Cobb County assault lawyer may be able to help formulate legal defenses to a pending assault charge. Some of the more common defenses to Georgia assault crimes include the following:
- Mistaken Identity
- Self-defense (i.e. using force or a threat of force toward someone else for self-protection or self-preservation purposes)
- Defense of another
- Falsification of story by accuser (usually when custody of a minor child or children is involved)
Contacting a Cobb County Assault Lawyer
Assault convictions come with harsh penalties, and you need experienced legal representation throughout your case. A knowledgeable Cobb County assault lawyer may be able to assist you with obtaining the best possible result in your case, whether that be formulating a successful legal defense to your charges, obtaining a complete dismissal of your charges, obtaining a favorable plea deal with the prosecution, and/or obtaining reduced penalty post-conviction.