Humans interact with one another all day long, but even a passing interaction can create conflict. Such conflict can get physical with someone trying to hurt or scare another.
Clashes like these can end in the serious crime of assault. When you face these types of charges, a Doraville assault lawyer could help you understand the charges and defend you from criminal prosecution and consequences. Call to schedule an appointment with one of our experienced criminal defense attorneys today to discuss a strategy.
Types of Assault and Consequences
State law defines assault and the situations where assault becomes a more severe crime. Georgia Code § 16-5-20 defines simple assault as either attempting to injure someone else violently or causing another person immediate fear of such a violent injury. When an assault occurs with certain circumstances—such as a weapon or violent intent—it can become aggravated assault.
Both kinds of assault carry serious penalties, including fines and prison time. A lawyer in Doraville could help you avoid the worst of these consequences and preserve your rights throughout an assault investigation and prosecution.
Simple Assault
Simple assault usually results in a misdemeanor, punishable by a maximum fine of $1,000 and a maximum prison sentence of one year under Georgia Code §17-10-3. In certain situations, however, simple assault becomes a high and aggravated misdemeanor punishable by a maximum fine of $5,000 and a maximum one-year prison sentence as set by Code §17-10-4.
For example, the location of a simple assault can elevate it to a high and aggravated misdemeanor, such as simple assault on public transit or in a public school. The identity of the victim also matters, as simple assault between certain domestic relations (spouses, parents, children, etc.) or against a pregnant woman becomes a high and aggravated misdemeanor.
Beyond typical criminal penalties, a repeat offender will be publicly shamed. Code §16-5-26 requires a public notice of conviction for a second or subsequent offense, including the defendant’s name, picture, area of residence (city, county, zip code), and details of the arrest and conviction.
Aggravated Assault
Georgia Code §16-5-21 defines aggravated assault as simple assault with one of the following enhancements:
- Intent to kill, rape, or rob
- Use of an object or device that likely will or does cause strangulation
- Discharging a firearm from a vehicle toward another without legal justification
- Use of deadly weapon or other object that likely will or does cause serious bodily injury
Aggravated assault is punishable as a felony with a prison sentence between one and 20 years. Like simple assault, aggravated assault can receive harsher punishments depending on the situation.
Aggravated assault against a public safety officer can receive a higher minimum prison sentence of five years, or even 10 years if committed with a firearm, and a fine of $2,000. If committed in the domestic context, against a senior citizen over 65 years old, or on public transit, aggravated assault can result in the higher minimum sentence of three years. Aggravated assault with intent to rape a child under 14 years old carries a prison sentence of 25 to 50 years, and, if that assault follows a prior sexual felony conviction, life imprisonment or prison followed by lifetime probation.
Provocation by Words as a Defense
One notable defense against an assault charge comes from provocation by words. Georgia Code §16-5-25 allows evidence of opprobrious or abusive language provoking an assailant to enter a criminal trial, and a jury can decide such language justified the assault. An attorney in Doraville who is knowledgeable in assault cases could help show that no crime was committed because the act was justified.
This justification does not apply in every scenario and may not be a complete defense. Instead, context matters, such as the timing and nature of the words uttered. Cases discussing the statute have counted words that arouse the passions and happen in the heat of the moment to justify assault, but not past words or newspaper publications.
Speak With an Assault Attorney in Doraville Today
Everyday events can end in assault: a bar fight or argument; a college football game or celebration; or even a misunderstanding with a stranger. You should not underestimate the penalties for an assault charge.
A Doraville assault lawyer could explain your charges and evaluate your specific circumstances. Depending on what happened, you could argue that no crime occurred or that you should only receive minimal punishment, so call today to discuss your case with an attorney and learn more about your options.