Atlanta Assault Lawyer
Are you looking for an Atlanta assault lawyer? Look no further than The Chouhan Law Firm, LLC. We are ready to represent you in court. Call us today.
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Assault Attorney Atlanta
Allegations of assault carry consequences that can impact your life in many ways. Depending on the details of your case, you could be sentenced to as long as 20 years in prison. Assault charges can also hurt your personal and work relationships before you even state your case in an Atlanta, Georgia, court.
Sometimes, people face assault charges because they were in the wrong place at the wrong time. Legal representation and guidance during this period are vital to a fair outcome.
The Chouhan Law Firm offers experienced Atlanta assault lawyers who know the law. We can provide comprehensive explanations of criminal charges and aggressive representation for our clients. Call us.
Georgia Definition of Assault
In Georgia, assault doesn’t solely refer to physical harm. While physical contact can be part of it, the definition goes beyond that. It includes intentional actions, threats, or gestures that cause another person to fear harm.
What makes Georgia’s definition of assault noteworthy is that it does not require physical injury. The emotional impact, feeling threatened, is enough to warrant an assault charge.
An assault charge in Georgia can be enhanced if a weapon or dangerous object is used. A weapon can turn a misdemeanor charge into a felony. Penalties for felonies range from prison time to hefty fines.
Types of Assault
Assault charges can be either simple or aggravated in Georgia Law.
Simple Assault
A simple assault occurs when someone either attempts to commit a violent injury to another or commits an act that makes another reasonably apprehensive of receiving a violent injury immediately.
Aggravated Assault
Aggravated assault in Georgia refers to an attempt to commit violence that causes serious bodily injury to another person. To be considered aggravated assault, an act must have been committed with the intent to commit murder, rape, or robbery or with the use of a dangerous weapon.
Difference Between Assault and Battery
It is essential to understand the difference between assault and battery. Both relate to physical actions and legal consequences. Often termed “attempted battery,” assault doesn’t hinge on actual physical contact between individuals. Instead, it focuses on the victim’s fear or threat due to someone else’s words or actions.
On the other hand, battery involves actual physical contact between two people. It is often described as unlawful touching. The intent behind this contact is crucial for legal evaluation. Whether it was deliberate, accidental, or a result of negligence, it can be considered battery if the touch is harmful or offensive.
Punishments for Assault Crimes
Georgia state law considers simple assault to be a misdemeanor. It can result in up to one year in jail and a fine of up to $1000. Aggravated assault is regarded as a felony, which means weightier consequences. A criminal conviction can lead to a prison sentence ranging from one to twenty years or fines up to $100,000. In the case of sexual assault charges, a conviction could result in a listing on the Sexual Offender Registry.
In addition, the court may order the defendant to pay restitution, which is the amount of money the defendant has to pay to the victim to cover the costs associated with the crime.
Possible Defenses of Assault
Below are some defense strategies people can use in their assault cases:
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There was no threat of immediate danger: The victim of an assault must feel in immediate danger at the time of the assault. The threat of harm in the future alone does not constitute sufficient evidence to convict an individual.
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The victim did not fear for their safety: It is possible to avoid a conviction by proving that the victim was not in fear of the accused. The victim’s actions or statements could demonstrate a lack of fear. Witnesses can also testify to the victim’s demeanor during the incident.
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Self-defense, defense of others, and defense of property: To use these defenses defense, you must demonstrate that you, another person, or your property were under threat of harm. Additionally, the fear must have been reasonable, and the action taken should have been proportionate to the threat.
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Consent: If you were permitted to touch or act, it might not be considered assault. But if you went beyond what was agreed to, it might still be considered assault.
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Mistaken identity: If the accuser mistakenly identified the offender, it is not considered assault. An alibi or witness testimony can be very valuable in proving mistaken identity.
Your Atlanta assault lawyer can help you develop your defense strategy based on other possible defenses you may have. Contact us today for a consultation, and let’s begin building your defense.
What an Atlanta Assault Lawyer Does
As an Atlanta criminal defense firm, we are familiar with Georgia’s criminal laws and know how to fight for justice on behalf of our clients. We are dedicated to providing all our clients with the highest quality legal representation and protecting their rights.
Besides advocating for individuals arrested for assault, our services include:
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Gathering evidence and developing a case strategy: The first step towards building a solid defense is gathering evidence. This involves obtaining physical evidence from the crime scene, collecting data, conducting interviews, and researching case law. Our goal is to find facts that can be used to strengthen our legal arguments in court, using official proof to distinguish facts from misunderstandings.
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Preparing our clients and witnesses for trial: We advise on appropriate behavior and attire and conduct mock courtroom examinations to prepare you for the stand. We also review deposition and witness statements and discuss potential strategies for presenting your case. We aim to ensure that you are as prepared as possible for your day in court.
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Vigorous courtroom representation: Our attorneys are experienced at presenting cases in court. We have successfully obtained favorable outcomes for countless clients through the presentation of strong, credible evidence, arguments, and negotiation skills.
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Assistance navigating Georgia’s legal system: Having extensive experience with Georgia’s legal system, our attorneys understand the complexities of the law and court procedures. We believe justice should be applied equitably and will fight for your rights in the courtroom. We will represent you with compassion, integrity, and a strong commitment to fair outcomes.
Our goal is to deliver the best possible results in any case, no matter how intimidating the court proceedings may be. Our defense team is ready to help you right away. Please give us a call today.
Let a Chouhan Law Atlanta Assault Lawyer Help You
A conviction for assault in Georgia can have long-lasting consequences, such as difficulties finding housing or a job. Given the high stakes, hiring a criminal lawyer is a wise decision.
It’s time to level the playing field. With Chouhan Law, you’re guaranteed a strong defense. Schedule an appointment today.
