Carrollton Assault Lawyer
Assault laws in Georgia reference both battery and assault as criminal offenses. Depending on the circumstances, battery and assault both can result in misdemeanor or felony charges classified as simple or aggravated. Whereas assault involves a threat of or attempted harm to another, battery involves actual physical contact and harm.
If you were charged with assault, a Carrollton assault lawyer could assess the details of your case and begin building a robust defense against the charges that you are facing. A skilled defense lawyer could help you mitigate the prosecution’s allegations and help you work towards a positive outcome.
Types of Assault
According to O.C.G.A. §16-5-20, simple assault occurs when individuals try to commit a violent injury to another or commit an act that puts another in fear of receiving a violent injury. However, assault becomes a high and aggravated misdemeanor when individuals commit the offense:
- In a public transit vehicle or station
- Against certain family or household members
- Against an individual who is 65 years of age or older
- Against employees of a public school system in the course of their official duties on school property
- Against any woman who is pregnant
Aggravated assault under O.C.G.A. §16-5-21 involves an assault with the intent to murder, rape, or rob another, by using a deadly weapon, by using an instrument to strangle or attempt to strangle another, or by discharging a firearm from within a motor vehicle towards another.
Penalties for Assault
Assault is normally a misdemeanor under Georgia law. A misdemeanor conviction can result in a jail sentence of up to 12 months, a fine of up to $1,000, a term of probation, and payment of restitution to the other individual.
Aggravated assault is a felony offense, which carries a potential prison sentence ranging from one to 20 years. Depending on the situation, aggravated assault may result in mandatory minimum prison terms. Given the gravity of the potential penalties for aggravated assault convictions, individuals may wish to get advice from an experienced Carrollton assault lawyer before making any significant decisions about their cases. An attorney could provide valuable guidance during a confusing and emotionally challenging time.
Battery Types and Penalties
Battery is defined under O.C.G.A. §16-5-23.1 as occurring when individuals intentionally cause substantial or visible physical harm to another. This offense is a misdemeanor, but there are circumstances that can elevate it to a high and aggravated misdemeanor. Battery also may become a felony when individuals commit battery after having been convicted of battery three or more times, or in the case of family violence battery, two or more times.
Aggravated battery involves malicious bodily harm to another that results in serious disfigurement or a loss of the use of a limb. Aggravated battery is a felony charge that can result in a prison sentence ranging from one to 20 years. Certain situations may enhance the penalties for battery to include mandatory minimum prison sentences as well.
How a Carrollton Assault Attorney Could Help
Both assault and battery charges, particularly if they are enhanced or aggravated by certain circumstances, can have very serious penalties upon conviction. Trying to handle these types of criminal charges on your own may worsen your case, so you may need to consult with a Carrollton assault lawyer before proceeding any further.
A reliable lawyer could work in your best interests by first answering any questions you may have and working to create a strong defense strategy against the prosecution. Call today for a free consultation.
