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Assault arrests in Atlanta can have severe consequences. If you have been arrested for an assault, you likely have questions about the penalties you could face and what you can do to defend yourself against these charges. A professional and dedicated assault attorney could help you navigate these questions and gain clarity for the next steps in your defense.
There are different levels of assault, and state law breaks them into two distinct categories: simple (O.C.G.A. § 16-5-20) and aggravated (O.C.G.A. § 16-5-21). Depending on the circumstances surrounding the incident, an assault charge can be a misdemeanor, a misdemeanor of a high and aggravated nature, or a felony.
It’s important to note that a simple assault charge does not necessarily include contact with another person. Even the threat of contact or the reasonable apprehension of the other person can be enough to result in assault charges.
Each category comes with sentencing guidelines, and penalties typically include fines, imprisonment, or both.
Arrests for assault in Atlanta that meet specific criteria based on the assailant’s intent, use of weapons, location, or relationship to the other person involved can carry additional penalties and designations.
In Atlanta, after an arrest for an assault, there is typically going to be an extensive investigation that aims to uncover the details surrounding the incident. Many aspects can impact sentencing for assault charges.
An assault charge can carry increased penalties if it occurs on Atlanta public transit, such as a bus, taxi, or rail service. Assaults on school property—including on school buses and bus stops—can also carry additional penalties.
Another element that can impact an assault charge includes the relationship between the people involved. Assault against a spouse, former spouse, or many other family members can carry higher penalties. In addition, assaults against those 65 or older, utility workers who are actively working, or pregnant individuals can result in increased penalties.
Assaults that involve weapons or instruments that can do bodily harm are typically elevated to the aggravated category and carry much stiffer penalties (including up to 20 years in prison).
As you can see, the circumstances of an assault incident in Atlanta significantly impact the charges and penalties a defendant may face. A skilled attorney can thoroughly examine the case details to build the strongest possible defense.
For instance, a lawyer might argue that your actions were in self-defense or present evidence about your intention that can impact the severity of the charges. Depending on the circumstances of the case, an experienced attorney could help reduce the charges or even negotiate with the prosecution to drop them altogether.
Assault arrests in Atlanta can be life-changing, so it’s important to contact an attorney right away. The investigation will shape how the prosecution presents the details and determines the charges. There is a lot of room for interpretation during an assault investigation, and you want to ensure that these negotiations include an attorney dedicated to representing your best interests.
Call now to speak with an attorney about your case.