ASSAULT AND BATTERY CHARGES
If you are facing assault or battery charges in Georgia, it is important to remember that the state's judicial system requires the prosecution to prove its case against you beyond a reasonable doubt. Often, the state cannot meet this high burden of proof when a defendant receives skilled representation.
Pratt & Wall, Attorneys at Law, works with criminal defense clients, including those charged with assault and battery. We can design a plan of attack against the state's case against you, with elements that may include:
You may have been charged by the prosecutor with a more serious crime than the situation warranted, to try to force a plea deal to a lesser charge.
We cross-examine state witnesses, who may not be available or may be shown to be unreliable.
The alleged victim may have uttered "fighting words" that may provide a defense to the altercation that followed.
REASONS TO HIRE A DEFENSE ATTORNEY FOR YOUR ASSAULT OR BATTERY CASE
Quality legal representation is worth what it costs and is frequently less expensive than might be imagined. Working with our attorneys can assist your defense in the following ways:
He can use the legal system's numerous rules and requirements to your benefit.
He can ensure certain time-bound rights and defenses are presented at court within the prescribed deadlines.
He has handled numerous trials and his experience with bench trials and jury trials will assist in the protection of your due process rights.
He will thoroughly investigate your case and advise you on which strategies are likely to produce the best outcome for you.
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AN OVERVIEW OF ASSAULT AND BATTERY CHARGES IN GEORGIA
The state divides assault charges into two categories: simple assault and aggravated assault.
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.
Battery is defined as crime that involves actual physical contact with the alleged victim. There are three categories defined under Georgia law:
Simple battery includes any unwanted touch by another party.
Battery involves physical contact that results in substantial physical or visible bodily harm. The first conviction on a battery charge is a misdemeanor, although there are enhanced penalties for harming victims over age 65.
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 on this charge can lead to one to 20 years in prison.