Douglas County Assault Defense Attorneys

Facing Assault & Battery Charges in West Georgia? Call (678) 922-9743.

Assault and battery are two violent crimes that are often charged together, especially in cases of conflict such as domestic violence or altercations in various settings. Assault charges differ from battery charges as they focus on the attempt to inflict harm rather than the actual harm. It’s challenging to charge battery without assault, but a solo assault charge is typically less complex as it doesn't require physical harm. Consult a Douglas County criminal defense lawyer to discuss your case specifics and determine the best strategy moving forward.

Why Choose Our Assault Defense Lawyer?

• Former prosecutor in your corner
• Winner of Avvo Clients' Choice Award 2014
• Calls answered 24/7 – emergency appointments available
• Free case review to explore your options

If you are facing charges for assault in Georgia, speak with our attorney today by calling (678) 922-9743 to start your defense!

Understanding Assault Laws in Georgia

In Georgia, "assault" is distinct from "battery." While often confused, assault does not require physical contact. It is defined under the Georgia Criminal Code, Title 16, Chapter 5, specifically O.C.G.A. § 16-5-20 for simple assault, and O.C.G.A. § 16-5-21 for aggravated assault.

Simple assault occurs when a person attempts to cause a violent injury to another or takes actions that cause another person to be in immediate danger of violent injury. Aggravated assault is more serious and may be charged when the offender uses a deadly weapon likely to cause serious bodily injury, or when the attacker's motives relate to murder, rape, or robbery. Aggravated assault convictions may result in up to 20 years in prison.

Simple Assault

Simple assault is generally a misdemeanor offense and does not require physical contact. It occurs when a person either:

• Attempts to commit a violent injury to the person of another; or
• Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

Elements the Prosecution Must Prove:

• Attempted Violent Injury Theory: The defendant took a direct step towards causing physical harm to the alleged victim, even if they did not make physical contact, missed, or were stopped. For example, swinging a fist and missing, or pointing a weapon at someone without discharging it.
• Reasonable Apprehension of Immediate Violent Injury Theory: The defendant's actions or threats caused the alleged victim to reasonably believe they were about to suffer immediate physical harm. The fear must be objectively reasonable, and the threatened harm must be imminent. Threats of future harm, or non-imminent harm, do not count as simple assault. For example, angrily walking towards someone while threatening violence, or pulling back one's fist in anticipation of striking them.

Examples: Raising a fist as if to strike someone,

Aggravated Assault

Under Georgia law, aggravated assault is a felony charge. An assault is considered “aggravated” when committed:

• With a deadly object or weapon that causes strangulation or serious bodily injury
• With the intent to rape, rob, or murder
• By discharging a firearm from a vehicle

Penalties and Collateral Consequences of Simple Assault Convictions in Georgia

The penalties for an assault conviction in Georgia vary significantly based on any aggravating factors, and prior criminal history. These consequences extend far beyond the initial fines and can have devastating long-term impacts.

Direct Penalties for Simple Assault (Misdemeanor):

• Maximum Penalties: Up to 12 months in jail and/or a fine of up to $1,000.
• Misdemeanor of a High and Aggravated Nature (for certain Simple Assaults): These are still misdemeanors but carry enhanced maximum penalties, such as a fine of up to $5,000 and the possibility of a full 12 months in jail. This applies if the victim is a family or household member, a public school employee, a pregnant woman, a person 65 years or older, or if the offense occurs in a public transit vehicle or station (O.C.G.A. § 16-5-20(c)-(h)).

An assault conviction, even a misdemeanor, leads to a permanent criminal record, severely impacting employment, professional licenses, and housing, while causing significant reputational damage. Felony convictions result in the loss of voting and firearms rights, and all assault convictions can lead to civil lawsuits, immigration consequences (including deportation for non-citizens), negative family law impacts (especially for domestic violence), and social stigma. Additionally, probation often brings strict conditions, and prior assault convictions can enhance penalties for future offenses, including gang-related charges.

Defending Against Simple Assault Charges in Douglas County

Successfully defending against assault charges in Georgia involves a detailed examination of criminal intent, the circumstances of the alleged act, and law enforcement conduct. Our approach leverages a variety of strategies to challenge the prosecution's case and protect your rights.

• Self-Defense or Defense of Others: Argue that the use of force, including deadly force, was a reasonable and immediately necessary response to protect yourself or a third person from unlawful force or serious harm, often supported by Georgia's "Stand Your Ground" law.
• Defense of Property: In specific, limited circumstances, assert that reasonable force was used to prevent property damage or remove a trespasser, potentially including deadly force to prevent a forcible felony in your home.
• Lack of Intent: For charges requiring specific intent (like simple assault or aggravated assault based on intent), argue that your actions were accidental, inadvertent, or lacked the necessary criminal intent.
• No "Reasonable Apprehension": For assault based on placing another in fear, argue that the alleged victim's fear was not reasonable under the circumstances, or that the threat was not imminent or credible.
• No "Violent Injury" Attempted: For charges of attempted violent injury, argue that your actions did not constitute an "attempt" or a substantial step towards causing violent injury.
• No Deadly Weapon (for Aggravated Assault): Argue that the object used does not meet the legal definition of a "deadly weapon" or was not used in a manner likely to cause serious bodily injury.
• Insufficient Evidence: Highlight weaknesses, inconsistencies, or lack of credible evidence from the prosecution to create reasonable doubt and argue for dismissal or acquittal.
• Mistaken Identity/Alibi: Provide evidence that you were not the perpetrator or were in a different location at the time the alleged crime occurred.
• False Accusations: Investigate the accuser's credibility and potential motives for lying, highlighting any inconsistencies or fabrications in their statements.
• Constitutional Violations: File motions to suppress evidence obtained through unlawful searches/seizures, coerced confessions, or violations of your right to counsel.

Assault Lawyer Serving West Georgia & Metro Atlanta

Assault charges can be challenging to defend against and prosecute. Eye-witness testimony can play a crucial role in proving guilt if there were witnesses to the assault or attempt. Assault presents a challenge for the prosecution when lacking evidence of physical harm, which can be advantageous for defendants.

At Howard Law Group, no assault case is too challenging, nor should any charge be underestimated. Our approach to every case treats it as though we were facing the charges ourselves. We aggressively pursue minimized penalties or not guilty verdicts if the evidence suggests it's possible.

No criminal defense firm can guarantee that your case will be brought to a successful conclusion, but there is no question that Howard Law Group will do everything in their power to put your defense in the best position for a positive result.

Contact online a Douglas County assault attorney if you have been charged with assaulting another person and want to discuss your options for legal defense. Call now - (678) 922-9743