Atlanta Assault and Battery Defense Attorney
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.
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 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.
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.