Alpharetta Assault Lawyer

Being charged with assault can often be an overwhelming experience. A conviction could not only carry jail time and probation, but can also be detrimental to your ability to secure employment, and other collateral consequences such as your capacity to obtain a loan for housing or other major purchases.

The criminal penalties associated with an assault charge tend to be especially severe. Those accused of committing this offense may have protective orders placed against them, and they could also be burdened with the possibility of incurring a substantial jail sentence.

If you have been charged with this offense, it is important to retain the services of a trusted defense attorney. An Alpharetta assault lawyer could review the details of your case and inform you of your legal options.

Simple Assault in Alpharetta

Under Official Code of Georgia §16-5-20, individuals commit simple assault when they attempt to cause violent injuries to others or act in a way that puts others in reasonable fear of receiving violent injuries. Simple assault is usually considered to be a misdemeanor offense, but there are circumstances in which it becomes a high and aggravated misdemeanor. For example, if it occurs in a public transit vehicle or station or against a specific family or household members, the offense may be treated as an aggravated misdemeanor.

A high and aggravated misdemeanor assault charge may also result when someone commits simple assault against those who are 65 or older, employees of a public school in the course of their duties on school grounds, and women who are pregnant.

A conviction for a misdemeanor offense in Georgia can result in a jail sentence of up to one year, a fine of up to $1,000, probation, and payment of restitution to the alleged victim for any expenses incurred as a result of the assault. For a high and aggravated misdemeanor conviction, the potential jail term remains the same, but the maximum fine increases to $5,000. As the penalties for simple assault can be harsh, individuals facing these charges may wish to consult an Alpharetta assault attorney about contesting such a charge.

Aggravated Assault in Alpharetta

O.C.G.A. §16-5-21 defines aggravated assault as an individual assaulting another alongside any of the following circumstances:

  • Assaulting with the intention of murdering, robbing, or raping them
  • Using a deadly weapon or any instrument that is likely to or does cause serious bodily injury to others
  • Using a device that is likely to or does strangle others
  • Discharging a firearm from within a motor vehicle toward others

A conviction for aggravated assault is regarded as a felony, which may result in a prison term ranging from one to 20 years. Many situations involving aggravated assault may lead to mandatory minimum sentences.

For example, any aggravated assault of public safety officers while performing their official duties results in a mandatory minimum sentence. Likewise, if an aggravated assault targets individuals who are 65 years of age or older, occurs in a public transit station or vehicle, or targets teachers or school personnel within a school safety zone with a firearm, convicted individuals are subject to mandatory minimum prison sentences.

An aggravated assault that occurs between specific family and household members also results in a mandatory minimum prison sentence, as do assaults against court officers in the performance of their official duties. As a result of the potential gravity of an aggravated assault conviction, individuals in this situation may wish to consult an Alpharetta assault lawyer as quickly as possible following an arrest.

Self Defense

The police don’t always get it right when they are called to the scene of an assault.  Many domestic violence cases, for instance, involve one party appearing more injured than the other.  It is not uncommon for the less-injured party to be charged.  If you are charged with assault and were defending yourself, that is an absolute defense to the charge.

Consult an Alpharetta Assault Attorney for Advice

Facing assault charges can make you feel helpless, alone, and concerned about your personal and professional future. An Alpharetta assault lawyer may be able to investigate the circumstances surrounding the incident that led to your charges and work toward the resolution in your case that is best for you and your family.

With an experienced legal representative on your side, you may be able to achieve a better outcome in your case. Do not delay in considering the value of legal counsel when you are facing assault or other criminal charges.


Hawkins Spizman

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