Fulton County Assault Lawyer

Fulton County Assault Attorney

Individuals in Georgia might find it surprising that they can face assault charges without actually making any physical contact with the alleged victims. Often, people can be arrested on assault charges due to a simple misunderstanding of the facts, and this is one of the many reasons why having a Fulton County assault lawyer on your side is so important. With the assistance and representation of a criminal defense attorney, your rights, future, and freedoms can be protected.

Hire an Assault Lawyer From Miller North & Brill

At Miller North & Brill, we pride ourselves on offering each and every one of our clients a robust set of legal services in order to craft a defense strategy that can hold up against the prosecution.

Our personalized legal solutions have a proven track record of success when it comes to defending against a wide range of criminal charges, including assault. Our aggressive representation, commitment to detail, and communication with clients set us apart.

Georgia Assault Prevalence

Aggravated assault is considered a violent index crime in the Uniform Crime Reporting Program. The Georgia Crime Information Center tracks aggravated assault along with additional violent index crimes. In 2024, there were a total of 24,849 aggravated assaults reported in Georgia. Aggravated assaults accounted for 12.09% of all crimes, with a rate of 236.9 per 100,000 population.

In Fulton County, aggravated assault is considered a felony charge and is heard in the Fulton County Superior Court in Atlanta. By contrast, simple assault is tried as a misdemeanor and is heard in the Fulton County State Court. Initial hearings for both felony and misdemeanor charges are heard at the Fulton County Jail.

Defining Assault in Fulton County, Georgia

Many individuals in Fulton County have likely heard the phrase “assault and battery,” and most individuals operate under the assumption that these charges are one and the same. However, this is not the case, as these charges can be handed down separately in certain situations. Assault, in Georgia, is defined as the attempt or presentation of physical harm by making a threat or acting in a threatening way. However, physical contact does not need to be made in an assault.

Battery, on the other hand, is the actual physical contact. In Georgia, assault charges can be broken down into two main categories. These categories include:

• Simple assault. An individual can be charged with simple assault if they have allegedly attempted to commit violent harm and injury to another person or commit an act that places another individual in reasonable fear of imminent violent harm or injury. Simple assault charges can arise in situations when:
  • The offense is committed against an individual on a public transit vehicle or in a public transit station.
  • The assault is committed between current or past spouses, partners, parents of the same child, children, stepparents, stepchildren, foster children, foster parents, or individuals who live together in the same household.
  • The assault is committed against an individual in the senior community.
  • The assault is committed against an employee of the public school system, such as a teacher or teacher’s aide, or on the grounds of school property.
  • The assault is committed against a pregnant female.
• Aggravated assault. An individual can face charges of aggravated assault in Fulton County if they have allegedly committed the offense of assault, or the threat or attempt of violent harm in one of the following scenarios:
  • With the intent to rape, murder, or rob the victim
  • With the use of a deadly weapon or any device, object, or instrument that, when used against the victim, can carry the likelihood of causing serious bodily injury
  • With the use of any object, instrument, or device that, when used against the victim, could or does actually result in strangulation
  • Discharging a firearm without any legal justification from within the confines of a motorized vehicle or after immediately leaving the vehicle and shooting toward another person, an occupied building, or another occupied vehicle
  • Knowingly committing a crime against a public safety, police, or correctional officer.

The Importance of Working With Miller North & Brill

Assault charges in Georgia can come with steep penalties that can be detrimental to your freedoms and overall future. This is why having a skilled criminal defense attorney on your side is so important. For over 30 years, the team at Miller North & Brill has been assisting clients when facing charges of a criminal nature. We understand the laws surrounding assault charges and are ready to work for you.

Elements the Prosecution Must Prove in an Assault Charge

Being accused of assault can have negative consequences on your personal and professional life, even if the charges are later dismissed or you are acquitted. Formal charges can be made against someone with a lower margin of proof than what is needed to secure a conviction. To convict someone accused of assault, the prosecutors must prove the following:

• Simple assault (O.C.G.A. § 16-5-20). To receive a simple assault conviction, prosecutors must show that the accused attempted to commit a violent act against another person or that the accused made the other person fear that violence would be committed against them. The threat of harm is all that is needed for an assault charge.
• Aggravated assault (O.C.G.A. § 16-5-21). An aggravated assault charge goes beyond the characteristics of simple assault by adding a more violent or threatening behavior. A simple assault charge can be elevated to aggravated assault if the accused threatens harm to another person in the form of murder, rape, robbery, or strangulation. Brandishing or threatening to use a weapon can also result in an aggravated assault charge.

Defense Strategies for Assault Charges in Georgia

There are several defense strategies that may be readily available in your assault charge case, depending on the exact nature and circumstances surrounding the alleged crime. These defenses can include:

• Acting in self-defense or in the defense of others
• Acting in the defense of one’s own property
• Acting with the consent of the victim
• Facing false accusations
• Having a lack of intent

Your attorney from Miller North & Brill can review the details of your case and determine which defense or combination of defenses is suitable for your situation.

Examples of Simple and Aggravated Assault Cases

For a case to be prosecuted as a simple or aggravated assault, it has to meet three specific criteria. If any of these three criteria are missing, the case cannot be filed. For an assault case to lead to a conviction, all three of these elements have to be proven beyond a reasonable doubt by the prosecution:

• The alleged offender committed an intentional act
• The alleged victim had a reasonable fear of imminent harm
• There was actual or threatened physical contact

Looking at these elements more closely, the behaviors that constitute the assault have to be made intentionally. In this respect, if the threatening behavior is accidental or a misunderstanding, it does not qualify as assault. For instance, if someone trips and strikes someone else as they are falling, that behavior is not an assault because the action was involuntary.

The alleged victim also has to fear that they could be harmed in the moment or in the future. However, this standard actually says that a reasonable person would fear for their safety or fear imminent harm given the other person’s actions. Believing the other person would never cause you harm, leading to you not being afraid, could still be considered assault if a reasonable person would be afraid if in the same situation.

An assault charge can occur whether or not physical contact is made. Assault only requires the threat of physical harm. Attempting to harm someone, but failing to do so, is still considered assault. Grabbing onto someone while threatening them is also considered assault. Threatening physical harm before causing actual harm can also lead to an assault charge in addition to other possible charges.

FAQs

Q: What Are the Penalties for Assault in Georgia?

A: There are several possible penalties involved with assault convictions in the state of Georgia. These penalties can range in severity, depending on the nature of the crime itself. In most cases, charges of simple assault can be convicted as a misdemeanor and come with smaller fines and less jail time, whereas charges of aggravated assault can be convicted as felonies and come with longer prison times and heftier fines.

Q: Is Verbal Assault a Crime in Georgia?

A: Yes, verbal assault is considered a crime. In the state of Georgia, verbal threats can cause an individual to fear for their safety. Assault does not need to include any actual physical contact, so in situations where the verbal threats make the victim believe they could be harmed, these threats can be charged as assault crimes.

Q: How Long Does It Take to Settle an Assault Case?

A: It can be difficult to offer an exact timeline as to how long it might take to settle or complete an assault case and reach an outcome. This is due to the fact that there are many factors involved in these cases that can impact the overall time frame, including the complexity of the cases, the availability of the courts, and the severity of the assault charges.

Q: Is Pushing Someone Assault in Georgia?

A: Yes, pushing someone in Georgia with the intent to cause harm or threaten bodily injury can be considered simple assault and can come with serious penalties. You could also face additional battery charges for making physical contact with the other person. If you have been charged with simple assault because you pushed another individual, it may be a simple misunderstanding, and having an attorney on your side can make all the difference in the outcome of your case.

Facing Assault Charges? Contact Miller North & Brill Today

If you are facing assault charges in Fulton County, the team at Miller North & Brill is here to help. Even a simple assault charge stemming from a misunderstanding can result in serious consequences if you do not hire an assault lawyer to represent your interests. Contact our offices today for more information and to schedule your initial consultation.