Assault And Battery

Why You Should Always Aggressively Defend Against Battery Charges In Atlanta:

  • The law properly applied protects the defendant in a criminal case. We have an entire judicial system in place that requires the state to prove its case against you.
  • When a defendant is properly represented, the state often cannot prove its case and the defendant wins.
  • Even if you believe you are guilty, under the law, you may actually be innocent.
  • In some cases, the crime a defendant is charged with is unconstitutional.
  • Perhaps the state has charged you with a crime that does not fit your actions. It is not uncommon for the state to overcharge defendants and attempt to get them to plead guilty to a lesser charge, all while making them believe they are getting a great deal. This is called a plea bargain.
  • Sometimes the state's witnesses are not available or they can be shown to be unreliable.
  • You may have a legal defense for your actions that completely exonerates you from any criminal liability. In Georgia, for example, "fighting words" by the alleged victim is actually a defense to battery.

Why You Should Hire An Experienced Atlanta Criminal Defense Attorney To Defend You In A Battery Case:

  • The legal system has numerous rules and requirements that few nonlawyers can use effectively to their benefit.
  • Some rights and defenses are waived if not presented to an Atlanta court in a timely manner.
  • An experienced assault and battery attorney in Atlanta who is willing to take your case to trial will help ensure the best possible result for your case.
  • Any Atlanta attorney can go to court and plead a client guilty. You can go plead guilty by yourself. An effective trial attorney would never allow a client to accept a plea agreement until the case has been thoroughly researched and investigated.
  • An attorney who understands and appreciates the bench trial and jury trial processes will be a more effective advocate for the protection of your rights.
  • Quality legal representation is less expensive than you think.

Overview Of Georgia Battery Laws

In Georgia, there are three categories of battery: simple battery OCGA 16-5-2, battery OCGA 16-23-23.1 and aggravated battery OCGA 16-23-24.

Simple Battery

Simple battery is basically any unwanted touching. Yes, telling the police "I only pushed him" is admitting to simple battery. The crime of battery requires substantial physical or visible bodily harm. A bruise or a scratch that is visible to anyone other than the victim is battery. The first conviction for this type of battery is a misdemeanor. There are greater penalties when the victim is older than 65.

Aggravated Battery

Aggravated battery is when a defendant maliciously causes harm to another by making an arm or a leg useless or disfigured. It is a felony and conviction will lead to one to 20 years in prison.

Overview Of Georgia Assault Laws

Simple assault occurs when a person attempts to violently injure another or does something that makes the other person reasonably afraid of immediately receiving a violent injury. Conviction on a first offense brings a maximum fine of $1,000 and a year in jail.

Aggravated assault is assault with the intent to murder, rape or rob with a deadly weapon or with an object, device or instrument that when used against another person is likely to or does result in serious injury.

There is a broad range of serious consequences for aggravated assault, depending on the specificity of the crime. For instance, if the assault is against a police officer, you would face five to 20 years in prison. If the victim is over the age of 65 or if the assault is of a domestic nature, the range is three to 20 years. In a situation that involves assault with the robbery of a commercial vehicle, you would face a prison term of five to 20 years and a fine of $50,000 to $200,000.

A highly skilled Atlanta defense attorney can help you defend yourself to achieve the best possible outcome for your battery or assault charge. Kevin J. Pratt & Associates has handled countless criminal cases with an impressive record of successful outcomes.