DeKalb County Simple Assault Lawyer
A simple assault occurs under Georgia law when a person intimidates or threatens physical harm onto another person. The consequences of a conviction could include both an expensive fine and time in jail, and frequently includes probation with no contact provisions, and anger management counseling. Considering the penalties, anyone charged with this offense should consult with a trusted attorney for legal guidance.
To begin discussing the details of your case, be sure to get in touch with a DeKalb County simple assault lawyer at Hawkins Spizman for help.
What Constitutes Simple Assault?
Simple assault is a misdemeanor under Georgia law. This offense is punishable by up to 12 months in jail and up to a $1,000 fine. Acts that would be charged as a simple assault include putting someone in fear or initiating some sort of offensive contact. Threatening to punch someone would be classified as simple assault, however, breaking someone’s nose or harmfully maiming them would be charged as a battery, or potentially as an aggravated assault.
What are the Elements of Simple Assault in DeKalb?
The main element that would have significant weight in determining whether someone would be charged with simple assault is if an individual caused apprehension of harm or offense contacts that causes apprehension to an alleged victim. This means that a person’s words would not be sufficient enough to merit a simple assault charge, but with some action to indicate that they are going to do something, the offense would rise to the level of simple assault.
Factors Used to Determine the Type of Court Overseeing a Simple Assault Charge
A simple assault charge would typically be heard in state courts in the county where the offense occurred. The charged individuals can either have a bench or a jury trial. Individuals are entitled to a jury trial for this offense, but if they want a bench trial (heard by the judge without a jury), both the prosecution and the defense would have to agree to waive the right to a jury trial. If they cannot agree to a bench trial, the case would be heard by a 6-person jury.
Why Should Individuals be Concerned with Facing a Simple Assault Charge?
A conviction for simple assault could cause numerous problems. For example, a convicted individual would have to live the rest of their life with a criminal record. Consequently, they would face difficulties with trying to obtain housing or securing/maintaining a job. If an employer comes across this type of offense in a background check, they may see the charged person in a negative light. As a result, individuals charged with this offense should immediately consult with an attorney who has experience dealing with simple assault charges in the local area.
Get in Touch with a DeKalb County Simple Assault Attorney Today
A simple assault charge could bring about many unwanted consequences. Not only would a person have to suffer the stiff penalties following a conviction, but they would also have to live with a criminal record. Therefore, it is imperative that anyone charged with this offense reach out to a trusted attorney for help.
If you have been charged, reach out to a DeKalb County simple assault lawyer. An attorney can review the details of your case and help you determine the best strategy for proceeding with your case.