You may hear people refer to “second-degree” assault when discussing the severity of a criminal charge. In Atlanta, assault is divided into two categories: simple and aggravated. When someone uses the term “second-degree,” they are likely referring to simple assault, which is generally charged as a misdemeanor and carries less severe penalties than aggravated assault, a felony offense.
Even though simple assault is less serious than aggravated assault, it is still a criminal charge that could bring fines, jail time, and a permanent mark on your record. If you are facing second-degree assault charges in Atlanta, act quickly—contact an aggressive assault attorney from Rafus Law today to protect your rights and begin building the strongest possible defense.
State law designates simple assault as an attempt to commit a violent injury to another person or an act that places another person under reasonable apprehension of receiving a violent injury. This definition is important because it means that no actual physical contact has to occur for a simple assault charge to apply. The threat of violence is enough for a defendant to receive this charge.
Simple assault charges in Atlanta are classified as misdemeanors, but certain circumstances could elevate them to a misdemeanor of a “high and aggravated nature.” This elevated charge carries additional penalties.
The penalties for simple assault vary depending on the circumstances of the incident.
A misdemeanor charge of simple assault typically carries a penalty of up to $1,000 in fees and up to one year of incarceration.
If the misdemeanor is elevated to one of a high and aggravated nature, the defendant could face fines of up to $5,000.
There are multiple considerations the court makes when determining whether simple assault is a misdemeanor of a high and aggravated nature. These include the location, the relationship between the people involved in the incident, and the status or age of the person who has been assaulted.
For example, an incident on public transit could receive a higher designation. An assault against a pregnant woman, a person age 65 or older, or a spouse or former spouse could also elevate the charge. In addition, assaults against school personnel and utility workers carry greater severity.
Anyone facing a simple assault charge in Atlanta could benefit from the guidance of a meticulous and organized attorney who understands the nuances of the law. Because the penalties for this charge can vary based on circumstances, our attorneys at Rafus Law could successfully argue for reduced penalties by bringing up key elements of the case.
It is also possible for our attorneys to negotiate with prosecutors to reduce the charge itself, make an argument for self-defense, or even get the charge dropped entirely.
If you are facing charges for second-degree assault in Atlanta, you should retain a lawyer from our firm as soon as possible. Having an attorney to represent you during the investigation and court proceedings ensures that you present the details of the case in a way that supports your own defense.
Call today to speak with an attorney who is experienced and dedicated to your case during a free consultation.
