Atlanta Assault and Battery Defense Attorney
An assault or battery conviction can have a detrimental effect on your life.
The term "assault and battery" is routinely improperly used by law
enforcement and victims of violence. The terms "assault" and "battery" have
vastly different meanings, and by pairing them together, individuals may
unwittingly project the wrong image onto defendants. The most crucial
difference is that the crime of assault does not necessarily need to
involve physical contact with the alleged victim, whereas the crime of
battery does. Moreover, a person may lodge a complaint of assault against a
person if he or she feels or fears that he or she is in imminent
danger—even if the accused had no intention of harming the victim. This
fact alone puts the defendant at a disadvantage.
Given the potentially serious consequences of an assault conviction on a
person's freedom, employment prospects, child custody, and other key areas
of a person's life, it is imperative that a person accused of either
assault or battery retain the help of an aggressive criminal defense
lawyer. If you or a loved one was charged with a violent crime in Georgia,
contact
Ghanayem & Rayasam
for the legal representation you need and deserve today.
Georgia's Assault Statutes
Simple assault is the most basic form of assault one can commit in the
state of Georgia. According to
O.C.G.A. § 16-5-20
, simple assault involves an attempt to use violence against another
individual, or to make threats of violence that are so convincing that the
other party genuinely fears for his or her safety or life. Per Georgia law,
simple assault is a misdemeanor and punishable as such. A misdemeanor in
Georgia carries no more than one year in jail and/or monetary fines and
community service obligations.
Aggravated assault, as defined by the same code, is a far more serious
crime that entails assault with a deadly weapon, assault in which a firearm
is discharged from a moving vehicle, or assault with the intent to rape,
rob, or murder. Aggravated assault is always a felony, but the penalties
for such a conviction vary depending on the exact nature of the crime, the
age of the person against whom the crime was committed, and the occupation
of the person against whom the crime was committed. For instance, if no
aggravating factors are present, a judge may sentence a perpetrator
anywhere from one to 20 years in prison. If the victim is 65 years or
older, the prison sentence increases, to three to 20 years. If the victim
is a correctional officer, the sentence goes up even more, to five to 20
years.
Battery Offenses in Georgia
Battery crimes are also classified as simple or aggravated in Georgia.
Which classification a judge uses all depends on the circumstances
surrounding the crime. For instance, per Georgia law, simple battery
involves the intentional infliction of physical harm to another person, or
the intentional making of contact with another person in a provoking or
insulting manner. Aggravated battery, on the other hand, involves the
intentional infliction of severe injury, such as a gunshot wound, loss of a
limb, or physical disfigurement of another individual. Both simple and
aggravated battery are felony offenses and carry substantial consequences
of both the incarceration and financial nature.
Your Defense to Assault or Battery Charges in Georgia
If you were accused of assault, battery, or both in Georgia, it is
imperative that you act fast and retain the legal help you need to fight
the charges and restore your reputation. Though you may feel as if your
case is helpless, as it is not uncommon for jurors to have preconceived
notions about individuals accused of violent crimes, know that your case is
far from helpless. With a skilled criminal defense attorney on your side,
you can build a viable defense and even use the law in your favor. To learn
more about your options, contact Ghanayem & Rayasam via our
online contact form
today.