When you face assault charges in Georgia, you need an experienced criminal defense attorney by your side. An accusation of assault or another violent crime can be overwhelming. These types of allegations can permanently alter your reputation in the community. A criminal record could also limit where you can work or live. With the high stakes, you need someone who will listen to your side of the story.
A Lithia Springs assault lawyer knows the ins and outs of the criminal justice system and could advocate on your behalf. We understand that your future and reputation are at stake when it comes to a criminal conviction. Let us conduct a case evaluation to determine if there is an argument to have the charges reduced or dropped. Time is of the essence when you are arrested; do not delay getting the representation you deserve.
Assault Crimes in Georgia
Under O.C.G.A. § 16-5-20, someone commits the offense of simple assault when they either attempt to commit a violent injury to the person of another or commit an act which places another in reasonable apprehension of immediately receiving a violent injury. Prosecutors must be able to prove these elements beyond a reasonable doubt to convict you of assault. The penalty for a simple assault conviction is up to one year in prison.
In many assault cases, a defense tactic can be to show that the victim was not in reasonable apprehension of harm. For example, mere words without an act cannot constitute an assault. If someone yells, “I’m going to stab you,” but there is no knife present, this is not an assault.
When there are aggravating factors present, a person can be charged with aggravated assault, which is a felony offense in Georgia, punishable by up to 20 years in prison. An aggravated assault is committed with any of the following factors present:
- Intent to rob, rape, or murder
- Choking another person or obstructing their nose or mouth
- Discharging a firearm from a vehicle at another person (a “drive-by”)
- A deadly weapon or any object that can be used in a manner that causes serious bodily injury
Prosecutors may not be able to prove that an aggravating factor was present in your case, but an attorney can advocate that the charges be dropped to a simple assault. A Lithia Springs attorney could discuss mitigation tactics with you if you are facing charges of assault.
Defenses to Assault
When someone is charged with a crime like assault, a strong defense strategy can make all the difference and help the accused avoid a conviction. Some common defense tactics in assault cases include:
- Innocence
- Self-defense
- Lack of intent
- Defense of property
- Victim not in reasonable apprehension of harm
A lawyer in Lithia Springs could provide more detail on various defenses regarding your assault case.
Speak with a Lithia Springs Attorney About Your Assault Charges
We understand that facing an assault charge can be stressful. You may feel like the odds are stacked against you and that your reputation is on the line. A Lithia Springs assault lawyer could listen to your side of the story and defend you in court to help you avoid the serious penalties associated with an assault conviction.
Do not delay in obtaining legal representation if you have been charged with a crime. You have the right to remain silent until you have consulted a lawyer. Contact our experienced attorneys to help you build the best possible case.
N/a