Johns Creek Assault Lawyer
Assault is an offense against a person that can be charged even if there is no physical contact with the other person. For instance, you could be charged with simple assault for acting in a manner that puts another person in reasonable fear of being harmed, even if you do not actually inflict physical injury on that person. A Johns Creek assault lawyer could help you deal with an assault charge.
It is not in your best interest to face assault charges without legal representation. In addition to preparing a legal defense to the charges, an attorney can also protect your constitutional rights and fight to obtain the best outcome possible in your case.
What Constitutes as Assault?
Laws in Johns Creek regarding assault offenses can be found in the Official Code of Georgia Annotated under Title 16, chapter 5, article 2 (OCGA 16-5-2). The law distinguishes between two types of assault — simple and aggravated.
Simple assault occurs when a person attempts to inflict a violent injury on another or commits an act that puts another person in reasonable fear of immediately being violently injured. Aggravated assault is a more serious offense than simple assault and occurs when assault is committed under any of the following circumstances:
- With the intent to commit robbery, rape, or murder
- With a deadly weapon or object that is likely to or actually does cause serious bodily injury
- With any object or instrument that is likely to or actually does cause strangulation
- By unlawfully discharging a gun from inside a vehicle toward another person
Other offenses related to assault can be found in the same article of the state code which includes simple battery, battery, and aggravated battery. A Johns Creek assault lawyer could explain each type of battery offense, as well as distinguish between assault offenses and battery offenses.
Penalties for Assault Offenses in Johns Creek
Simple assault is a misdemeanor offense in Johns Creek and is punishable by a fine up to $1,000 or confinement in jail or a state probation detention center for up to 12 months. The penalty for aggravated assault is a prison term ranging from one year to 20 years.
Certain aggravating circumstances could result in a lengthier minimum prison term for aggravated assault convictions. For example, committing aggravated assault against someone who is 65 years or older could result in a minimum prison sentence of at least three years. Other aggravated assault offenses, such as firing a gun at another person while inside a vehicle, are associated with a minimum prison term of five years.
The penalties for offenses involving battery are similar to those for assault and range from confinement for up to 12 months or a fine up to $1,000 for simple battery to incarceration for one to 20 years for aggravated battery. A lawyer in Johns Creek who is familiar with assault and battery laws could explain the sanctions associated with a particular assault or battery offense.
Speak with an Assault Attorney in Johns Creek
You do not have to face assault charges on your own. A Johns Creek assault lawyer could stand by your side, defending you against charges of simple or aggravated assault.
You could benefit from having someone on your side who understands assault laws and knows how to navigate the legal system. Speak with an attorney in Johns Creek about your case right away.