Atlanta Assault Attorney Standing by You in Your Assault or Battery Case
Assault and battery are serious charges that can carry severe penalties. If you have been accused of assault or battery, you are innocent until proven guilty beyond the shadow of a doubt, and you have the constitutional right to a strong defense to help protect you against consequences including incarceration, fines, and a permanent criminal record. Without a knowledgeable and skilled criminal defense attorney helping you with your assault or battery case, you may be at a disadvantage as you navigate the complicated United States justice system. Having an experienced assault lawyer from Sessoms Law Office, LLC helping to plan your defense and argue it in court can be the edge you need to bring your case to the best possible conclusion. Call our Atlanta office today at 678-853-7402.
How is Assault Defined in Georgia?
In Georgia, assault laws include both assault and battery. Each of these categories is broken down further into simple or aggravated charges. Simple assault consists of attempting or threatening to commit violence on a person that does or could result in their physical harm. It is not necessary that there is actual physical contact; just the threat of physical violence is enough. The charge can be elevated to aggravated assault if the assault is committed with the intent to rob, rape, or murder the victim; if an object or weapon is used that has or is likely to cause physical injury or harm; or if a firearm has been shot toward one or more persons from inside a vehicle.
How is Battery Defined in Georgia?
Simple battery is defined in Georgia as intentionally initiating physical contact with one or more people with the intent to provoke or insult the victim, or intentionally causing physical harm to another person. Aggravated battery involves intentionally and maliciously causing severe physical disfigurement or harm to another person, including loss of a limb or its use, scarring, a broken bone, or other serious injuries. Unlike the charge of assault, the charge of battery requires some physical contact between the alleged perpetrator and the alleged victim.
What Are the Consequences of an Assault or Battery Charge?
In Georgia, assault and battery are usually charged together. The consequences for each are the same. Both simple assault and simple battery are considered misdemeanors and carry possible punishments of up to one year in jail and fines up to $1000, as well as restitution. The charges can be elevated to a high or aggravated misdemeanor with up to a year in jail and up to $5000 in fines if the alleged victim was pregnant, elderly, a law enforcement officer, a caregiver, a school employee, or a member of the perpetrator’s household. Aggravated assault and/or aggravated battery is considered a felony. If convicted of aggravated assault or aggravated battery, the perpetrator faces 1 to 20 years in prison at minimum, plus possible fines and restitution. Finally, if any assault or battery charges are charged as hate crimes, meaning that the victim was assaulted or battered as a result of bias or prejudice, such as racial or gender bias, then if the defendant is convicted more severe penalties than normally imposed are required, as long as the penalty is no greater than the maximum sentence permitted under the statute.
Being convicted of a hate crime also affects release from prison, as the offender must serve at least 90% of the sentence before being considered for any early release program. Presenting a strong defense against assault and battery charges can help you bring your case to the best possible outcome, and hiring a skilled and experienced assault attorney is the best way to get that strong defense. Call Sessoms Law Group, LLC today at 678-853-7402 to get started protecting your future.
Is it Worth Hiring a Criminal Defense Lawyer for my Assault or Battery Case?
Being convicted of assault or battery can impact your life in many ways. You may lose your job due to incarceration or your employer’s policies, and finding another job with a criminal record may be difficult. Your family and other relationships may be disrupted, and your finances can be damaged by fines and required restitution. If your conviction is for a felony charge, you will be required to list it on job applications that ask if you are a convicted felon, and it will show up in any criminal background check that may be run by potential employers or others. If you are incarcerated, you will lose your personal freedom for a period of time. All of these are consequences that you want to avoid if possible. Having the help of a competent and professional assault defense attorney can have a positive impact on the outcome of your assault or battery case.