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Any charge related to assault is a serious matter. However, the state aggressively pursues convictions in cases where the alleged victim is a member of law enforcement or some other type of public safety officer. The good news is that you have the right to a vigorous defense from an Atlanta assault on an officer lawyer.
The stakes are high in this case, as a conviction will likely lead to incarceration. A conviction is never certain, especially with the right legal team by your side. Let a dedicated assault lawyer prepare you for challenging the evidence in this case.
The government has to prove the same elements in order to get a conviction for any assault charge, so understanding the basic offense is important. In addition to the standard offense—known as simple assault—the law also recognized an aggravated version of the crime. Aggravated assault carries steeper penalties but also requires additional elements of proof.
Simple assault is a misdemeanor that carries a maximum term of one year in jail as well as a fine of $1,000. Most people will not serve a full year, and many will get probation. While this is not a minor offense, the consequences pale in comparison to aggravated assault.
Aggravated assault is a felony that can lead to as much as 20 years in prison, with a minimum of one year. Aggravating factors vary, but they often include the manner in which the crime was committed or the identity of the alleged victim. For example, a person who commits this crime while wielding a firearm will face a mandatory minimum of 10 years in prison. One of these factors involves the victim’s identity as a peace officer.
When someone is accused of assault on an officer in Atlanta, their lawyer has the task of fighting these charges. The unfortunate reality is that the state does not have to show an officer was injured to get a conviction. Proving this crime only requires evidence that the alleged victim was in reasonable fear of imminent harm due to your intentional acts.
One of the most important reasons to rely on an Atlanta assault on an officer attorney is their ability to craft a winning defense. The right strategy could make all the difference in your case, so it is crucial to reach out to legal counsel sooner rather than later.
Often, it is possible to challenge the officer’s version of events. Not every interaction with the police qualifies as assault, and an attorney may be able to show that you did not reasonably put an officer in fear of harm. It is also worth noting that this aggravating factor is only appropriate if the officer was on duty or the assault was related to their service. Other defenses could include:
Finding the right strategy is not always easy, but skilled legal counsel can help. Rely on an attorney when developing the way you approach this case.
If you are facing these serious allegations, there is no time to delay contacting legal counsel. An Atlanta assault on an officer lawyer could help you build the strongest defense strategy possible. Call for a private consultation with our firm today.