Assault charges are serious offenses with the potential for substantial penalties upon conviction. Assault investigations in Atlanta typically examine the circumstances surrounding the incident and evaluate whether charges are appropriate. Individuals facing potential assault allegations should consult an experienced assault attorney early in the process to help ensure a thorough investigation and to develop a strong legal defense.
In Atlanta, assault charges fall into two categories: simple assault and aggravated assault. Each category involves multiple factors that influence both the severity of the charge and the strategy for building a defense.
According to O.C.G.A. § 16-5-20, simple assault occurs when a person attempts to commit a violent injury to another person or places another person in a position where they have reasonable apprehension of immediately receiving a violent injury.
As outlined in O.C.G.A. § 16-5-21, aggravated assault applies to situations in which the assault involved a deadly weapon (or an instrument likely to cause bodily injury or strangulation) and those instances where the assailant intended to murder, rape, or rob.
The penalties for assault can vary depending on the type of assault charged and the circumstances of the individual situation.
Simple assault is typically charged as a misdemeanor, carrying a potential penalty of up to $1,000 in fines and up to one year of incarceration. However, the charge may be elevated to a misdemeanor of a high and aggravated nature if specific criteria are met. This classification may apply to assaults occurring on public transit, involving a current or former spouse, targeting a pregnant individual, or directed at a utility worker performing job duties. Enhanced charges carry additional penalties, including fines of up to $5,000.
Courts treat aggravated assault as a serious offense and charge it as a felony. The sentence ranges from one to twenty years of imprisonment, with the potential for increased penalties depending on the circumstances. For example, if the assault targets a law enforcement officer, a person aged 65 or older, a teacher, or occurs on public transit, the law imposes higher minimum sentences and steeper fines.
Contacting an attorney promptly is essential when facing assault charges in Atlanta. Assault cases often involve complex factors, including the circumstances leading up to the incident, the relationship between the parties, the location of the alleged offense, and whether any objects or instruments were involved.
Depending on the details of the individual circumstances, you may have opportunities to defend yourself against the charges. These defense strategies may result in reduced charges, shorter sentencing, or even dismissal of the charges entirely.
An experienced and committed attorney can ensure the case has been thoroughly investigated and that every avenue for defense is negotiated with the prosecutor and presented at a trial.
Assault investigations in Atlanta can be complex and carry serious consequences. If you are under investigation, it is in your best interest to retain an attorney as soon as possible. The details of the case can significantly affect the outcome, and having someone dedicated to your defense is essential to ensuring a fair process. Contact the dedicated defense attorneys at Rafus Law today to schedule a free consultation.
