If you are charged with Aggravated Assault in Georgia, it’s crucial to understand your options and form a defense strategy. An Aggravated Assault felony charge can be life-changing, but they almost always have a defense. To handle your case the right way, you must have the right legal representation by your side. As one of the leading criminal defense teams in metro-Atlanta, The Freedom Lawyers can help! Our attorneys are here to guide you through your case. We will review the evidence with you to determine the strongest defense strategy for your specific situation. At The Freedom Lawyers, we specialize in defending individuals facing Aggravated Assault charges. You can trust our dedication and personalized approach.
The Freedom Lawyers Will Fight For You
When facing Aggravated Assault charges, selecting the right defense attorney can make all the difference. Take control of your defense. Trust The Freedom Lawyers to fight for your freedom. Contact us today for an in-depth consultation. Let our experienced attorneys provide you with the strongest defense against Aggravated Assault charges. Your future is at stake, and we are here to help you navigate through this challenging time.
Understanding Aggravated Assault
What Is An Aggravated Assault?
A person commits the offense of Aggravated Assault when they put someone in fear of receiving violent injury or bodily harm with/when:
- the intent to murder, rape or rob
- with a deadly weapon or with any object, if used offensively against someone is likely or does actually result in serious bodily injury
- an object device or instrument when would use defensive against a person is likely to or actually does result in strangulation
- a person, without legal justification, discharges as a firearm from within a vehicle toward a person
An Aggravated Assault requires that the alleged victim is placed in fear of receiving immediate bodily injury. If the victim is not aware of the Aggravated Assault or if a reasonable person would not fear for his/her safety, it is not an Aggravated Assault. An attack require either the use of a weapon, the threat of murder, rape or robbery, or a strangulation to qualify as an Aggravated Assault. If the allegations do not meet one of these elements, a good defense attorney can prove that the alleged act, if true, is a misdemeanor.
Aggravated Assault usually occurs in conjunction with other crimes, such as robbery, burglary, or domestic violence. Given the severe consequences of a conviction, Aggravated Assaults often require extensive work on the part of the attorney, such as interviewing witnesses and identifying important evidence. In addition to any evidence provided by the State, our attorneys conduct a thorough investigation of their own. This includes independent investigations of the location, photographs of the scene, and interviewing all people present and parties involved. In some cases, video surveillance may be subpoenaed from nearby locations.
Penalties of An Aggravated Assault
A conviction for Aggravated Assault can mean a sentence of 1-20 years. Penalties can depend on the nature of the offense and the resulting injuries. Domestic violence cases involving Aggravated Assault carry even more severe consequences. In domestic violence cases, Aggravated Assault can warrant a punishment ranging from 3 to 20 years. Other conditions, such as if the attack happens in a school, on public transit, to a public official, or to a victim over the age of 65, can also impact the sentence.
Trusted Aggravated Assault Defense Specialists
We at The Freedom Lawyers pride ourselves on offering quality legal services. Aggravated Assault cases are complex and often require a multi-faceted defense. This can include motions for immunity, motions to suppress evidence, and sometimes motions to obtain evidence the State has not provided. Our attorneys are former prosecutors. This means we know how the State prepares these cases and we can use that to build your Aggravated Assault defense.
Explore All Defenses
As the accused, you are presumed innocent until proven guilty. However, the legal process can be tricky. Navigating it without professional guidance can put your rights at risk. If you are charged anywhere in the Atlanta area, hire one of our local experienced criminal defense lawyers! We’ll ensure that all possible defenses are explored to challenge the prosecution. Our team begins by obtaining and reviewing all of the evidence in your case. From there, we will meet with you to review all of the evidence the State has against you and come up with a plan of attack.
Self-Defense and Immunity
Acting in self-defense is always a defense against an Aggravated Assault. In Georgia, a person has the right to use force that they reasonably believe is necessary to defend themselves, their home, or another person. This can include deadly force, such as the use of a firearm. However, in most cases, the force a person uses in defense of themselves or another person cannot exceed the amount of force that is used against them.
In any self-defense case, a defendant has the right to file a Motion for Immunity and have a judge rule on the issue prior to trial. At an immunity hearing witnesses are subpoenaed to testify, and sometimes additional evidence such as cell phone video or surveillance footage is presented. Your attorney will argue on your behalf and a judge will make an independent determination as to whether or not you were acting to defend yourself. If you win your immunity motion, some or all of your charges will be dismissed.
Even if a defendant loses their motion for immunity, they can still use self-defense as a defense at trial. Sometimes an immunity hearing, even if lost, can be a useful tool in trial preparation. Defending Aggravated Assault cases is one of the areas of expertise of our attorneys. We are former prosecutors. We know how the State is going to try to prove your aggravated assault case, and we will work to explore every possible defense.
Protect Your Rights
One of our primary objectives is to protect your rights throughout the legal process. Sometimes the State cannot prove their case because the person accused was defending themselves, their property, or another person. However, other times the State cannot prove its case because the evidence was illegally obtained by the police.
The 4th Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. If your case involves a search of any kind, with or without a warrant, it is important to have an experienced attorney handle the case to see if your rights were violated. Similarly, if any kind of statements were made, either in a police interrogation or on the scene of the incident, it is important to have an attorney review the case. If the police illegally obtained evidence, your attorney may be able to convince the judge to exclude it from the case in a Motion to Suppress.
Our attorneys conduct an in-depth investigation and review the evidence against you! Our team of lawyers will determine if your rights were violated at any stage.
Build A Customized Defense Plan
Because every Aggravated Assault case is unique, a one-size-fits-all approach will not work. At our firm, we understand the importance of tailored defense strategies. Our Aggravated Assault lawyers in Atlanta will analyze every fact of your case. In addition, we will interview witnesses and gather evidence to build a strong defense on your behalf.
Compassionate Approach
We understand the emotional and personal toll that an Aggravated Assault charge can have on your life. If a client is in jail, our attorneys come to them to review evidence instead of waiting until the day of court. We understand the importance of maintaining a line of communication with our clients. The Freedom Lawyers provide compassionate support and guidance throughout the legal process. Our attorneys will listen intently to your concerns, answer your questions, and keep you informed at every step.
Personalized Legal Representation
Our team has a wealth of experience handling Aggravated Assault cases in Georgia. Additionally, we have defended numerous clients facing similar charges. We will leverage our in-depth knowledge of local laws and court procedures.
- Former Prosecutors with Experience: Our team of attorneys comprise former prosecutors and public defenders with over 15 years of experience in the public sector. Because of this experience, we have an in-depth understanding of how the State prepares Aggravated Assault and Aggravated Battery cases. This unique insight allows us to anticipate the strategies employed by the prosecution and build a strong defense to protect your rights.
- Specialization in Aggravated Assault: At The Freedom Lawyers, Aggravated Assault, is one of our many areas of expertise. We have successfully represented numerous clients facing these charges throughout and beyond the Metro Atlanta area, including Fulton County, Cobb County, Cherokee County, Bartow County, and Dekalb County, Clayton County, and Henry County, and Douglas County.
- Aggressive Investigations and Defense: Aggravated Assault cases often require a layered defense strategy. Our attorneys examine any potential weaknesses in the prosecution’s case. We leave no stone unturned to ensure that we build the strongest defense.
- Immunity Hearings and Self-Defense: Acting in self-defense can be a valid defense against Aggravated Assault charges. Our attorneys have handed immunity hearings and advocated for our client’s rights to self-defense. If applicable, we will work diligently to present a compelling case for immunity!
Contact The Freedom Lawyers
If you or a loved one is facing aggravated assault charges in Atlanta, don’t wait! The initial steps you take can significantly impact the outcome of your case. If you get in touch with our firm, we’ll provide an honest assessment of your case!
Schedule a ConsultationAt The Freedom Lawyers, we always strive to get justice for our clients. Hire a qualified team of Aggravated Assault defense lawyers in Atlanta. Visit our website or call us at (678) 890-2135 for assistance. Take action today!