At The Freedom Lawyers, we specialize in defending those accused of Aggravated Assault and Aggravated Battery. These charges almost always have a defense. Hiring a Cobb County Aggravated Assault or Cobb County Aggravated Battery attorney can make the difference between a conviction and a Not Guilty verdict. If you need a Cobb County Aggravated Assault or a Cobb County Aggravated Battery lawyer in Cobb County, The Freedom Lawyers can help.
It is essential to start off by making a distinction between assault and battery. While these crimes are similar, they are not the same and should not be discussed as if they are. Battery means that the offender actually made physical contact with the victim, whereas assault describes situations in which the offender does not make actual physical contact with the victim.
The Law defines a simple battery as making harmful or offensive contact with another person. If that contact causes physical harm or a visible bodily injury, like a bruise, it is considered a Battery.
An assault, on the other hand, is when someone is put in fear of receiving a violent injury. Putting a person in fear is enough for a simple assault. When that person is put in fear through the use of a weapon or strangulation, it is an Aggravated Assault. These are the categories in Cobb County and in the rest of the state of Georgia.
What Is Aggravated Assault?
Cobb County Aggravated Assault laws are defined in the code of Georgia. The definition of aggravated assault is that it is an assault with the intent to rob, murder, or rape another person, or with a weapon. The assault may have taken place via the use of some type of object that could likely cause a severe injury or the use of a deadly weapon. Aggravated assault can also happen by strangulation, either through the use of an object or the use of one’s hands.
One can also commit aggravated assault by discharging a firearm in the direction of another person. Anything that could put a person in fear of receiving a deadly or violent injury through the use of a potentially deadly weapon is considered an Aggravated Assault in Cobb County.
What Must Be Proven in an Aggravated Assault Case
Naturally, in an Aggravated Assault, the state must prove that the accused is guilty beyond a reasonable doubt to convict. Specifically, the state must prove that there was a demonstration of violence and an apparent present ability to injure that makes a person fear that they will suffer an immediate and violent injury. Additionally, the state has to demonstrate that a reasonable person would be put in fear of an offensive or harmful act. As one would expect, the standards for what the state must prove are quite high in an aggravated assault case.
Additionally, if one is acting reasonably in self-defense, they cannot be charged with Aggravated Assault in Cobb County. They are considered immune under the law. An experienced Cobb County Aggravated Assault attorney knows how best to position your case for a possible immunity defense. The Freedom Lawyers have extensive experience with Cobb County Aggravated Assault Immunity Defenses and what it takes to win.
Jail Time for Aggravated Assault in Cobb County
Aggravated assault is a felony in Cobb County as defined by the state of Georgia. As a result, the penalty for being convicted of aggravated assault is a prison term. This is a term between one year and twenty years. The Georgia statute already specifies the penalty for aggravated assault in some cases. If the Aggravated Assault occurs with a firearm or against a protected class, the mandatory minimum jail time is increased.
That means if you hire the wrong attorney and are convicted, the Judge must sentence you to prison. When you are facing Prison time, you need the right Cobb County Aggravated Assault Attorney. The Freedom Lawyers have experience fighting these cases and around the State. Our track record speaks for itself. Contact us for a free consultation on your Cobb County Aggravated Assault case.
What Is Aggravated Battery?
According to Georgia law, someone commits aggravated battery when they maliciously cause bodily harm to another person by making a member of their body useless, seriously disfiguring their body or a part of their body, or depriving them of a member of their body. There are quite a few examples of what aggravated battery could look like in Cobb County. One common example of aggravated battery is shooting another person with a gun. Another example is hitting someone else with a dangerous object or a weapon and causing visible scarring.
An aggravated battery requires permanent disfigurement or some other significant physical injury. Committing battery against particular groups of people that are protected, is also a form of aggravated battery. Protected groups include social service workers, police officers, the elderly, and healthcare providers. All of which can result in additional punishment.
What Must Be Proven in an Aggravated Battery Case
In Georgia, the state has to demonstrate that the accused person is guilty beyond a reasonable doubt to convict them of aggravated battery. One part of doing so is proving that the suspect in question intended to make physical contact with the victim. If the battery is based on physical injury, the state must provide evidence of the injury and the injury’s severity. The jury has to decide whether they feel that a particular disfigurement is severe or not.