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While the word “assault” leaves many people with the impression that severe injuries are involved, it is important to understand you could be convicted of the offense without ever hurting anyone. In fact, you could face aggravated assault charges without ever touching someone.
If you are facing these allegations, an Atlanta aggravated assault lawyer may be able to help. A strong defense is crucial in these situations. While a dedicated assault attorney cannot promise that charges will be dismissed, they can work tirelessly to help avoid a conviction.
It is common for people to use the terms “assault” and “battery” interchangeably, but state law specifically distinguishes these two offenses from each other. If you have been charged with assault, the state does not have to prove that you physically harmed anyone. Instead, assault charges are about placing a person in fear of immediate harm.
The state can prove that you committed assault in two distinct ways. First, the prosecution can establish that you attempted to violently injure someone. Second, they can show you committed an act that caused another individual to reasonably fear immediate physical harm. In both scenarios, there is no need for the state to show you hurt anyone.
In addition to the standard assault charge, there are also aggravating factors that can upgrade this offense. You could be arrested for aggravated assault if you meet the elements of the basic offense while meeting any of the following elements:
Any of these elements could dramatically increase the criminal jeopardy you face. A seasoned legal professional in Atlanta could help you mount a defense and fight back against your aggravated assault charges.
These charges are serious, but that does not mean they are impossible to beat. The right strategy support from an Atlanta aggravated assault attorney can go a long way toward securing a favorable outcome. Some common defense strategies include the following:
One of the most common defense strategies involves defending yourself or someone else. You have the right to use a reasonable amount of physical force when you believe you are being threatened with violence.
All assault cases have an element of intent. This is especially true for the type of aggravated assault that involves the intention to rob, rape, or murder someone. Even if you are guilty of simple assault, it may be possible to reduce the penalties you face by attacking the evidence of an aggravating factor.
Some aggravated assault charges hinge on the use of a deadly weapon. One way to fight this offense is to argue the object in question should not qualify. The strength of this object depends on how dangerous this item in question is and if it has any legitimate uses outside of violence.
If you are at risk of incarceration, you deserve a strong legal defense. An Atlanta aggravated assault lawyer can review the facts of your case, determine the right defense strategy, and help you fight back against a conviction at trial. Call today and schedule a private consultation to talk over your legal options.