Cobb County Assault Lawyer
Being accused of a crime could bring feelings of uncertainty and panic, especially when the charges issued involve assault against someone else. It is vital for residents to understand that the crime of assault does not necessarily require physical contact with the complainant.
An aggressive criminal attorney could tirelessly defend your rights if you have been accused of committing assault. Contact a Cobb County assault lawyer without delay to schedule a confidential case evaluation.
Assault constitutes a violent crime, indicating an action or threat that places another individual in the immediate fear of suffering injury or death. An individual does not have to make physical conduct with another person or actually hurt them to be charged with the offense. When the assault involves family members or individuals who live in the same household, the assault may also involve a domestic violence charge.
The Official Code of Georgia § 16-5-21 defines aggravated assault, which would be categorized as a felony. Aggravated assault involves the threatening or taking of an action would cause another person to fear for their safety, but with additional elements involved —known as aggravating factors. These aggravating factors could include whether the threat of or attempt to use force was involved in the committal of a serious crime, if the person uses a weapon during the assault, or if the alleged assault victim was protected or particularly vulnerable.
For instance, choking someone would be classified as simple assault, but could also be considered aggravated due to the following factors:
- If the person was trying to rape or rob the alleged victim
- If the alleged assault happened on public transport
- If the person was carrying a weapon (whether it was used or not)
- If the alleged victim was over 65 years old or pregnant
- If the alleged assault was an attempt to commit murder
It would be on the prosecutor to prove guilt beyond a reasonable doubt. A qualified assault lawyer in Cobb County could fight to assert reasonable doubt into a court’s deliberations, which could minimize the stakes of the accused’s charge.
Potential Penalties Following a Conviction
Under Georgia law, a simple assault is a misdemeanor crime that would generally be punishable by up to one year’s imprisonment and/or monetary fines up to $1,000, along with community service requirements. In severe misdemeanor cases, fines could go up to $5,000.
The charge of aggravated assault is much more serious and could be accompanied by enhanced prison terms and higher fines. When assault is committed during another crime, penalties could include a minimum of five year’s imprisonment and up to $200,000 in fines. The penalties associated with an aggravated assault conviction are as follows:
- Up to 20 year’s imprisonment (one minimum)
- Up to $100,000 in fines
- Up to 20 years’ probation
- Paying restitution
In circumstances where aggravated assault occurs against a person 65 years of age or older, the term of imprisonment would range from three to 20 years, or from five up to 20 years if against a correctional officer. Based on the severity of the consequences which could follow an assault conviction in Cobb County, it is paramount that accused persons act quickly to retain a skilled attorney who could provide the most vigorous legal defense possible.
Schedule a Confidential Consultation with a Cobb County Assault Attorney
A practiced Cobb County assault lawyer understand the real havoc that a criminal conviction could wreak on the lives of individuals and their families and would work diligently to mitigate the damage to livelihood, reputation, and relationships that such charges could bring. An attorney would initiate a comprehensive investigation to identify any errors on the part of law enforcement or prosecutors which could get the charges against you dropped, reduced, or fight for an acquittal if the matter proceeds to trial.
To learn how assault charges in Cobb County could aggressively and effectively be defended, contact the firm today to schedule your case consultation.