If a person is arrested for assault in Georgia, they often have many questions. These questions can include:
- What does assault mean?
- What are the potential penalties?
- How can a Roswell assault lawyer help?
It is understandable to be confused and frightened following an assault arrest. Roswell assault lawyers work with individuals who have been accused of assault to better understand their cases, to form a powerful defense, and protect their liberty.
With potential penalties ranging from heavy fines, to potential jail time, it is important to take a positive step forward to protect yourself by contacting a skilled defense lawyer.
What is Assault under Georgia Law?
GA Code 16-5-20 defines simple assault as when a person commits an act, which places another in reasonable apprehension of receiving a violent injury. Alternatively, assault includes an attempt to commit a violent injury. Therefore, if a person punches towards another person, but misses, this still counts as assault.
If the person were to actually connect with the punch, that would be classified as the separate crime of battery. This combination of violations, considering how they often occur in the same confrontations, can commonly lead to people being charged with assault and battery.
The most important thing to remember is that it is the mindset of the people involved that plays the biggest role in an assault charge. If the person reasonably believes that they are going to be hit, this is enough to justify an assault charge, regardless of the defendant’s intentions.
A more serious version of assault in Georgia’s criminal code is known as aggravated assault. Aggravated assault in Georgia is when an assault occurs in such a way as to make it more serious in the eyes of the law.
There are a number of ways that the underlying assault may be classified as aggravated including:
- Assault with the intent to murder, rape, or rob
- Assault with a deadly weapon
- Discharging a firearm from within a motor vehicle
- Assault with an item that is likely to cause strangulation
Potential Penalties for Assault
Simple assaults in Georgia are considered to be misdemeanors. GA Code 17-10-3 prescribes a maximum fine of $1,000.00, a jail term of not more than one year, or both, for a misdemeanor conviction.
In certain situations, a misdemeanor may be classified as “high and aggravated,” such as when an assault is perpetrated against a family member, senior citizen, or pregnant woman. The potential fine for these crimes increases to $5,000.00, but the potential jail term remains the same.
If a person is convicted of aggravated assault, there are a wide range of penalties. Depending upon other factors, including against whom the assault was committed, the potential jail term may be as long as 50 years.
How Roswell Assault Attorney Can Help
If you are charged with assault in Georgia, whether it be simple or aggravated, you need to take action to protect your rights. Despite the fact that simple assault is a misdemeanor, if a person is convicted of these charges, it may result in a stiff fine, a jail term, and an entry on a person’s criminal record.
Roswell assault lawyers help people by listening to their side of the story. They fully examine all of the evidence and speak to any witnesses in order to form a defense.
Contact a Roswell assault lawyer to see how they can help you to protect your financial and personal freedom.