In the state of Georgia, assault and battery are considered two separate crimes. Under Georgia law, assault represents a threat or risk of harm or violence while battery is the physical act of performing a violent act. If a person waves an ax at you and threatens to harm you, for example, then that would be assault.
If you are facing a charge of assault, you should seek the legal advice of a Smyrna assault lawyer as soon as possible. An experienced criminal lawyer in Smyrna can build a defense to help lessen or dismiss any potential penalties associated with your charge. when you are accused or charged with assault and battery.Assault and Battery Charges
There are many different types of crimes in Georgia that are categorized under the term assault. Each crime has its own penalties depending on the severity of the situation.
- Simple Assault is a crime by which an individual attempts to cause harm that may result in violent injury to the victim. Simple assault is considered a misdemeanor charge
- Domestic assault involves family members or individuals who live in the same house or dwelling. Domestic assault can occur between husbands and wives, divorced couples, parents, and children or persons who live together in the same household
- Aggravated Assault is a violent crime with intent to murder, rape or rob the victim. It may involve the use of a weapon or firearm. Aggravated battery is a malicious attempt to cause bodily injury or harm that causes disfigurement or dismembers portions of the body. An aggravated assault or battery conviction is a felony which yields one to 20 years in prison
To defend against any sort of assault charge, an individual should not hesitate before contacting an experienced Smyrna assault lawyer as soon as possible.Aggravating Circumstances
Certain aggravating situations can impact the number of years a person serves in jail following their assault conviction. Assaulting a police officer on duty or an elderly person can increase the jail time compared to a different victim.
Assaulting a person over 65 years old may cause the perpetrator to serve three to 20 years behind bars. When an assault happens while stealing a commercial vehicle, they may serve five to 20 years in prison.
If the assault involves intent to rape a child under 14 years of age, the person will serve time between 25 and 60 years behind bars. People facing these charges will need the help and advice of a Smyrna assault lawyer to reduce their sentences.Defense Strategies
Defenses for assault and battery cases will vary depending on the case and circumstances. Self-defense is often a major defense in these cases. Self-defense is an appropriate and accepted principle that an individual can protect themselves from harm under certain situations, although their actions would ordinarily be criminal under normal circumstances.
A defendant charged with a violent crime can plead self-defense. A few possible self-defenses strategies for assault and battery may include:
- The defendant felt a real perceived fear of harm
- The defendant experienced a presence of threat or harm against them
- The defendant gave no reason for provocation in the incident
- The defendant had no other way to escape the incident
A seasoned Smyrna assault lawyer can build a case using self-defense to help produce a positive outcome on behalf of their client.Contact an Attorney
Assault and battery crimes usually stem from out of control human emotions that result in poor judgments and actions with devastating consequences and lengthy prison terms.
It is important to seek the counsel of a knowledgeable Smyrna assault attorney, who can give you advice and direction to reduce or eliminate the charges against you.