Criminal defendants who are facing charges for assault or battery may consider talking to an experienced Georgia criminal defense lawyer. An experienced lawyer can investigate the case and determine what legal options are available. He or she may help file a motion to dismiss the case where appropriate.
If you have been charged with committing the crime of assault in the state of Georgia, then it is strongly recommended that you hire a local Georgia criminal defense attorney immediately to assist you with your case. Hiring a Georgia attorney is especially encouraged if your assault charges involve a misdemeanor of a high and aggravated nature or a felony offense.
Simple Assault in Georgia. ... I understand that my contact request does not create and attorney-client relationship. ... We provide brief no charge consultations for new criminal, traffic and DUI cases. Fees may be charged for consultations or case reviews for post-judgment matters including sex offender issues. Office Location. 141 Savannah ...
Jan 31, 2019 · If you or a loved one has been charged with simple assault or any other type of crime considered a “Crime Against the Person,” call Bixon Law. We represent clients in Atlanta and throughout the state of Georgia. Our lawyers are committed to helping people in difficult situations and working to get our clients the best possible outcome.
Oct 06, 2021 · If you have been charged with assault in Georgia, there is a lot on the line. Our legal team understands all that is at stake for individuals facing assault charges. You cannot afford to proceed without the assistance of our Georgia criminal defense attorney. Contact the Miller Law Practice, LLC today to learn more about our services and how we can assist you. Continue …
Under Georgia law, O.C.G.A. § 16-5-20, a person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or, (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Under Georgia law, O.C.G.A. § 16-5-20, a person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or, (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Further, a person who commits the offense ...
Under Georgia law, simple assault is categorized as a “Crime Against the Person.”. It is a category of offenses that can be easily misunderstood. Many people who don’t have in-depth knowledge of the law may think that in order for a person to be charged and/or convicted with a “crime against the person” such as simple assault ...
Many people who don’t have in-depth knowledge of the law may think that in order for a person to be charged and/or convicted with a “crime against the person” such as simple assault that physical contact is required to have been made with the alleged victim. However, let’s be clear, you can be charged and convicted of simple assault without having ...
Further, a person who commits the offense of simple assault shall be guilty of a misdemeanor. Thus, the offense of simple assault can be committed if a person simply makes a violent gesture towards another person and that person “reasonably” believes he or she will be harmed. An example would be if a person balls up his fists, ...
An example would be if a person balls up his fists, takes a boxer’s stance and pulls one of his arms back as if he is preparing to throw a punch.
Therefore, in short, the answer is no. Just as physical contact is not required to satisfy the elements of a simple assault charge, nor is specific intent.
In Georgia, simple assault is defined as attempting to inflict violent injury on another person, or committing an act that places another reasonable person in fear of immediate bodily harm. Under the Georgia statute, even making a fist and shaking it at another person violently could be considered simple assault, even if that person was not harmed.
Georgia classifies the crime of simple assault as a “Crime Against the Person.” Due to this, many individuals facing charges of simple assault believe that they must have actually physically injured someone to face charges. When this is not the case and a person is still charged with simple assault, they are left surprised and wondering why they are being accused of a crime.
Due to the fact that simple assault does not require an actual injury, or even clear intent, it is easy for accused individuals to think that the situation is hopeless. However, it is not.
Simple assault, simple battery and battery are generally misdemeanor crimes under Georgia law . In certain cases these crimes can be charged as aggravated misdemeanors, which carry more severe penalties. Assault or battery on certain victims including but not limited to, a family member or intimate partner, a person 65 years of age or older, or a public school employee engaged in his duties are aggravated misdemeanors. Assault or battery in a public transit station or vehicle or on public school property, including school buses and school bus stops, are aggravated misdemeanors, as well as battery against a law enforcement officer and battery or simple assault against a pregnant woman.
The Georgia statutes provide that, if a victim uses "opprobrious or abusive language" against the offender, the language may be considered justification for the offender's threatening behavior or use of force and, therefore, a defense to the crime of assault or battery.
Simple assault also is any intentional act or threat of action that reasonably causes a person to feel afraid of impending violence.
Battery in Georgia involves intentionally causing "substantial physical harm" or "visible bodily harm" and also is a misdemeanor. Visible harm is defined as physical harm visible to others, such as blackened eyes, a swollen lip, or significant bruises. (Ga. Code Ann. § 16-5-23.1).
Assault or battery on certain victims including but not limited to, a family member or intimate partner, a person 65 years of age or older , or a public school employee engaged in his duties are aggravated misdemeanors. Assault or battery in a public transit station or vehicle or on public school property, including school buses ...
Penalties for Aggravated Misdemeanors. The penalties for aggravated misdemeanor are: up to one year in jail or a fine up to $5000 or both. probation up to one year, and/or.
Someone who is convicted of a second or subsequent battery against the same victim (for example, convicted of battery against a family member one year and then against the same family member again the next year) is subject to enhanced penalties.
Under Georgia assault law, you do not have to actually make physical contact with someone to commit assault. You merely have to make someone fear that they are about to become the victim of a physical assault. This means committing assault might be easier than you think.
One of the most popular defenses against assault is self-defense. Self-defense is when you use force or threaten force in order to protect yourself or someone else from immediate physical violence.
Simple Assault, the most common type of assault in the state of Georgia, is a misdemeanor and is punishable by serving up to one year in jail, fines, community service, restitution, and probation. However, no physical contact needs to occur. O.C.G.A. § 16-5-20 (2010). Simple Assault is 1) when a person attempts to commit a violent injury ...
In the state of Georgia, the First Offender Act is a law that allows “first offenders” to enter a guilty plea and serve out the terms of their sentence, either probation and jail time, or solely probation. Upon completion of the term without any violations, the charges will be dismissed.
In the state of GA, battery involves physical contact/physical abuse. There are two degrees for assault and battery charges: “simple” offenses are classified as misdemeanors and “aggravated” offenses are often felonies, these carry harsher penalties and are classified according to the severity of the crime and/or injury.
According to GA law, first-time domestic violence con viction is a high and aggravated misdemeanor, with any subsequent convictions being a felony. Family violence law is a commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass occurs between current ...
In the state of Georgia, the First Offender Act is a law that allows “first offenders” to enter a guilty plea and serve out the terms of their sentence, either probation and jail time, or solely probation. Upon completion of the term without any violations, the charges will be dismissed.
Pursuant to O.C.G.A. § 17-10-6.1 (2010), Aggravated Assault is NOT one of the crimes that are eligible for sentencing under Georgia’s First Offender Act. As previously mentioned, if the charges are reduced to simple assault charges, this may then become an option for the defendant, according to the circumstances.
One of the main statutes for which assault crimes are brought is OCGA aggravated assault. This chapter also addresses assaults and batteries charged as a homicide, or cruelty to children, and kidnapping.