An individual’s attempt to violently injure another person or commit an act that gives someone a reasonable fear of sustaining a violent injury is defined as a simple assault in Georgia. However, if there are other factors, like the presence of a weapon or intent to commit a serious crime, it may constitute an aggravated assault offense. If you have been charged with assault in Georgia, there is a lot on the line. Our legal team understands all that is at stake for individuals facing assault charges. You cannot afford to proceed without the assistance of our Georgia criminal defense attorney. Contact the Miller Law Practice, LLC today to learn more about our services and how we can assist you. Continue reading to learn the consequences of simple assault and aggravated assault charges in Georgia.
Types of Assault Charges in Georgia
Simple assault and aggravated assault are the two types of assault charges in Georgia. How the incident is charged will be based on the nature of the alleged offense and whether or not any aggravating factors are present in the case.
Simple Assault vs. Aggravated Assault Explained
- Simple assault is the attempt to cause a violent injury or place someone in reasonable fear of harm
- Aggravated assault involves additional elements like weapons, strangulation, or the intent to commit a serious criminal offense
- How the charge is classified will determine if it is a felony or misdemeanor offense
What Are The Consequences Of Simple Assault Charges In Cobb County?
You will likely face a misdemeanor if you have been charged with simple assault. This may entail up to one year in jail and a potential $1,000 fine.
However, there are circumstances under which the penalties you face may be enhanced as a high and aggravated misdemeanor.
When Simple Assault Becomes a High and Aggravated Misdemeanor
- Assault of an individual who is 65 years or older
- Assault of a pregnant woman
- Assault of a family member
- Assault against a public school employee on public school grounds
- Simple assault on public transportation or at a transit station, like CobbLinc
What Are The Consequences Of Aggravated Assault Charges In Georgia?
Under Georgia law, aggravated assault is a felony offense and, as such, will carry harsher penalties in accordance with the law. A conviction can result in serious, life-long consequences.
Conduct That May Lead to an Aggravated Assault Charge
- Use of a deadly weapon
- Assault involving strangulation or suffocation
- Assault with intent to commit robbery, rape, or murder
- Discharging a firearm from inside a motor vehicle
Potential Penalties for Aggravated Assault
Aggravated assault is always a felony crime under Georgia law. As such, you may face:
- Between one and twenty years in prison
- Fines of up to $2,000
- Enhanced penalties if the victim is a public safety officer
Common Defenses to Assault Charges in Georgia
There are a variety of potential defenses against assault charges that depend on the facts of your case. As such, the Cobb County Superior Court will examine a number of factors, including the circumstances of the incident, the credibility of witnesses, and the use of force in the alleged offense.
Frequently Used Assault Defenses
- Self-defense in accordance with Georgia laws
- Defense of others
- False accusations
- Mistaken identity
- Lack of credible or illegally obtained evidence
- Lack of intent to cause harm
Because assault cases rely on intent, justification, and credibility, it’s important to understand that simply being charged does not mean you will automatically be convicted.
What Happens After an Assault Arrest in Cobb County?
If you have been placed under arrest for assault, it’s important to remember that the prosecutors must still prove every element of the charge beyond a reasonable doubt. As such, these cases often involved challenging evidence and disputed accounts of what happened.
How These Charges Are Commonly Challenged in Court
- Lack of probable cause for an arrest
- Inconsistent statements from witnesses
- Lack of physical evidence
- Violations of constitutional rights
Contact Our Experienced Criminal Defense Firm
If you have been charged with simple or aggravated assault in Georgia, it is imperative to take the necessary steps to protect yourself. That is why it’s in your best interest to connect with an experienced criminal defense attorney with the Miller Law Practice. Our firm understands the impact that a conviction of this nature can have on your life, which is why we will examine all potential avenues to help you fight for the best possible outcome. Contact us today.