What Are the Different Assault Charges in Georgia?

With so many different levels of assault in Georgia – each with its own set of penalties – it can be overwhelming to understand where your story fits in the spectrum. If you have been accused of assault, it’s important to understand the distinctions in assault charges so you can construct a defense strategy with your attorney that will make a difference. This will also help you better understand how the legal system treats these cases. What are the different assault charges in Georgia?

Simple Assault Is More Than Just Physical Contact

Despite popular belief, being accused of simple assault doesn’t always mean that you physically harmed someone. The state of Georgia has a much broader definition of simple assault. This makes it apply to situations where no physical injury happened at all.

Under Georgia’s law, simple assault includes:

• Any attempt to cause violent injury to another person. For example, swinging a fist at someone during an argument, whether you missed or didn’t even intend to hit them, constitutes simple assault.
• Placing someone in a situation where they believe they will be the victim of violence. This could include yelling at them while aggressively getting closer.

In many cases, simple assault allegations are charged as misdemeanors, particularly when no aggravating factors are present. However, in certain circumstances, they can escalate to a felony charges if an investigation reveals that other aggravating factors occurred as well.

Harsher Penalties for Aggravated Assaults

If you have been charged with an aggravated assault in Georgia, the possible consequences are much greater. What distinguishes an aggravated assault from a simple assault is the intent behind the act and whether there is any other evidence of aggravating factors.

This includes:

• The intent to murder, rape, or rob someone
• Using a deadly weapon that could cause serious bodily injury
• Using an object to strangle another person
• Firing a gun from a vehicle without having the legal justification to do so, like engaging in self-defense

If the aggravated assault was directed at anyone in your immediate family with whom you live, you risk going to jail for 3-20 years. With this much jail time on the table, it’s critical to hire a defense lawyer and ensure only the true facts of the case are being evaluated.

Assaults in the Context of Domestic Violence

When an individual accuses someone for assault or violence in their home, it can quickly trigger the possibility of even more legal consequences. Anyone who is being accused of assaulting a spouse, child, or someone else in their home might be issued a protective order. This happens as a precaution while the facts of the case are being investigated in a trial. These orders will limit where you are able to go and to whom you can speak.

It’s important not to violate the conditions of these orders, as doing so could be used against you in court. It could also bring on even more penalties.

Some common household-related assault scenarios include:

• Heated arguments that escalate into physical or verbal abuse
• Making threats or actions that can be interpreted as intimidation
• Incidents where a weapon is pulled, or a dangerous object is used as a threat

If any children are involved, it adds an extra layer of difficulty to the case. The courts will always focus on what is in the interest of the child involved, so it’s extremely important to have an experienced lawyer carefully present your side of the story while demonstrating your interest in also protecting the children involved. If the charge also includes allegations of aggravated sexual battery, sodomy, or armed robbery, a conviction could make you ineligible for parole.

What Should I Do if I’m Facing Assault Charges in Georgia?

• Do not speak to police or any investigators unless a lawyer is present. You want to avoid saying anything that will incriminate yourself.
• Keep a record of everything that happened, even the most minute details. If there was a witness, jot down their contact information.
• Consult with a defense lawyer to ensure you are familiar with Georgia’s assault laws to avoid making any missteps.
• Contact Miller North & Brill immediately to get a quick legal help.

FAQs

Q: How Long Do Assault Cases Take to Resolve?

A: Every assault case will have its own timeline. How long it takes investigators to complete their work and for the prosecution and defense to construct their positions will impact the timeframe. The quickest cases are those that are more straightforward, where a defendant agrees to enter a plea deal. If the case needs to go to trial, this will significantly extend the timeline. However, that doesn’t mean it won’t be worth the time and energy spent in the end.

Q: Will an Assault Charge Affect My Job or Housing?

A: It is very likely that an assault charge will impact activities that are important to you, such as finding a new job or applying to a home. This is because when these entities look into applicant backgrounds, an assault charge will appear. Even if the charge is dropped, it’s still possible for the record of your arrest to be on your record. To prevent this, ask your lawyer what options exist to remove this from your record.

Q: What if Drugs or Alcohol Were Involved During the Incident?

A: It’s true that drugs and alcohol can complicate an assault case, but don’t expect the use of these substances to excuse the behavior you are being accused of. While you could try and argue that your intoxication impaired your judgment, the prosecution could respond by claiming you were even more dangerous because you were “out of control.” However, a defense lawyer could try to push for drug and alcohol rehabilitation as part of a punishment rather than prison.

Q: Can I Claim Self-Defense Against an Assault Charge?

A: Yes, you are welcome to bring forth a self-defense argument with your attorney if the facts and evidence in the case support that position. To do so successfully, you will need to prove that you had a reasonable belief that force was necessary in the situation. Your attorney can help make it clear that your response was proportionate to the threat you faced. It’s important to avoid the prosecution coming back to try and show how you provoked the incident.

Contact Miller North & Brill Today

If you are ready to defend your rights in court and challenge your assault allegation, contact our firm today. We are here to help you feel more supported and protected during this difficult time.