Aggravated Assault and Simple Battery
Aggressive criminal defense for those accused of serious crimes
If you are arrested on aggravated assault charges in Georgia, exercise you constitutional rights to remain silent and to retain an attorney. Charges of assault are always serious, but an aggravated assault charge substantially increases the penalties you face. Competent counsel can ensure that you are not compelled to confess or otherwise make statements that incriminate yourself. In addition, an experienced criminal defense attorney can challenge illegal searches and seizures of evidence.
Our knowledgeable lawyers at Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP have been representing criminal defendants for more than 80 years combined. As former prosecutors, we have insight into the prosecutorial process and the criminal courts. We also believe in the criminal justice system and in the fundamental concept that you are innocent until proven guilty. With this strong background, we seek justice and fight to obtain the best outcomes in your case.
Georgia assault laws
To convict you, the prosecution must prove every element of the Georgia assault laws under which you have been charged. Simple assault is described in state statute O.C.G.A. § 16-5-20 as the attempt to commit a violent act against another person or the commission of an act that places the person in reasonable apprehension of immediate injury. Aggravated assault charges in Georgia are defined in the state statute O.C.G.A. § 16-5-21 as assault with the intent to commit murder, rape or robbery with a deadly weapon or firearm. Simple assault is a misdemeanor, whereas aggravated assault is a felony.
Our criminal defense attorneys aggressively challenge the district attorneys’ evidence. If appropriate for your case, we negotiate for the aggravated offense to be reduced to simple assault so that you avoid the lifelong ramifications of having a record with felony charges in Georgia — including loss of voting rights, potential employment opportunities and gun ownership. If you are better served at trial, we make a compelling argument to the jurors to hold the prosecution to its burden of proof.
We recognize the serious nature of domestic violence and the need for the law to protect victims of abuse. However, we also know that some situations are not as they at first appear to law enforcement. Sometimes the accused is actually the victim of simple battery or aggravated battery at the hands of the accuser. In other cases, a contentious divorce or child custody dispute can result in false accusations of aggravated assault with devastating consequences to the person accused of these acts. We are able to expose these types of situations for our clients who have been wrongfully accused of domestic battery.
Learn more about how our Marietta, Georgia lawyers can effectively defend you against aggravated assault charges
Learn more about your rights in cases involving aggravated assault. Call Gentry, Smith, Dettmering, Morgan, Schnatmeier & Collins, LLP at 770.771.5097or contact us online to schedule your free consultation.