Like with many criminal offenses, assault charges range in severity. Depending on the circumstances of the case, an assault charge could qualify as either a misdemeanor or a felony. Regardless, either type of offense could result in significant penalties without the help of a seasoned criminal defense attorney.
A McDonough assault lawyer could help you fight the charges levied against you. There are many ways to approach your defense in this type of case, and experienced legal counsel could help you develop the strategy that is right for your case.
Each allegation of this crime is classified by the state as either simple or aggravated assault. A McDonough attorney could advise their clients on the differences between these types of assault charges and how this may impact their case.
Most cases involve allegations of simple assault. This offense involves an attempt to violently injure a person or place them in circumstances where they could reasonably suffer an injury. A common example includes a person swinging their fist at another individual in an attempt to injure them. Simple assault is a misdemeanor. In addition to the potential for spending up to a year in jail, a conviction could also lead to probation and fines of up to $1,000. If the commission of this crime results in any form of property damage or other out-of-pocket expenses, the alleged vicitim could seek restitution for these damages as well.
Aggravated assault is the more serious offense of the two. Certain circumstances elevate this offense to a more serious crime. There are four general ways in which aggravated assault can be charged. First, if an assault is committed with a deadly weapon. Second, if an assault is committed with the intent to rape, rob or murder. Third, if an assault results in strangulation. Finally, if a person fires a gun from within a vehicle toward another person.
It is common for some people to use the terms assault and battery interchangeably. While that might be accurate in some jurisdictions, the law in Georgia creates a clear separation between these offenses. Battery is a criminal offense that involves potential harm resulting from actual physical contact. This offense can involve something like a punch or other strike. However, it can also relate to potentially offensive conduct, including spitting.
Alternatively, assault charges may involve a threat of harming another person. It can also relate to an unsuccessful attempt to injure another person through physical contact. As such, assault is either a threat or an attempt to commit the offense of battery, even if the defendant does not end up making contact with another person.
Proving these charges requires the prosecution to demonstrate different facts. Each defense requires an understanding of what exactly the prosecution must prove, and a defense should be tailored the specific charges. A lawyer in McDonough could identify the nature of the charges against someone and develop a comprehensive defense strategy in an assault case.
No matter the specific type of assault offense you are charged with, you should take the allegations against you seriously. Any conviction for a violent crime can have a lasting impact on you for the rest of your life. Let a McDonough assault lawyer put their experience to work on your behalf. To get the most out of your defense, call today.