Kennesaw Aggravated Assault Lawyer

Kennesaw Aggravated Assault Lawyer | Expert Defense from The Freedom Lawyers

The Freedom Lawyers are an Experienced, Expert Kennesaw Aggravated Assault Lawyer. These charges can be life-changing, but almost always have a defense. With a nearby offices located just off of the Kennesaw State campus and another in nearby Marietta, we are a Kennesaw Aggravated Assault Lawyer Near You!

If you or a loved one is facing an aggravated assault charge in Kennesaw, you need an Experienced Kennesaw Aggravated Assault Lawyer who understands the complexities of the law and will fight to protect your future. We have former Fulton County Prosecutors on staff, so we understand how the State will try and prove their case. Our commitment to client communication, detailed investigations, and aggressive advocacy sets us apart.

Aggravated Assault in Georgia?

Aggravated Assault is defined under O.C.G.A. § 16-5-21. A person commits defensive 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

A person convicted of Aggravated Assault faces a sentence of 1-20 years. Aggravated Assault can occur in many ways and the allegations and injuries affect the sentence if convicted.

Do I really need a Specialized Kennesaw Aggravated Assault Lawyer?

Aggravated assault is more severe than simple assault, as it involves circumstances that elevate the threat or harm to a higher level. Therefore, the penalties are much more significant and can require mandatory prison time. Often, these cases hinge on evidence of intent, the nature of the weapon, or the circumstances surrounding the alleged assault. These nuances make it essential to have a skilled lawyer who can analyze the specifics of your case and build a strong defense.

Penalties for Aggravated Assault in Georgia

Aggravated assault is a felony in Georgia, and the penalties are severe. Sentencing depends on the circumstances of the offense, but potential consequences include:

Standard Cases: 1 to 20 years in prison.
Against a Public Safety Officer: 5 to 20 years in prison.
Involving a Firearm on School Property: 10 to 20 years in prison and fines up to $100,000.

Additionally, a conviction can lead to probation, community service, and mandatory anger management or firearm safety courses. Beyond the legal penalties, the long-term consequences can include difficulty securing employment, loss of voting rights, and challenges in obtaining housing. With so much at stake, hiring an experienced aggravated assault lawyer is crucial.

How does an Experienced Kennesaw Aggravated Assault Lawyer help with a Domestic Violence Case?

If the Aggravated Assault occurs between past and present spouses, parents of the same child, or other persons living or formerly living in the same household, the punishment shall be three to 20 years.

Domestic Violence cases necessarily involve people who love each other. These cases often have multiple defenses and require thorough and extensive investigations. They also require creative approaches to negotiations.

Experienced attorneys know how to mitigate any evidence. We put you in the best position to succeed in Aggravated Assault Domestic Violence Cases. We have a track record of success with these types of allegations. As former Domestic Violence prosecutors, we know how the State will try to attack your case. We use that to your advantage in your Defense.

Don’t wait and leave this type of case to any attorney. Hire the Kennesaw Aggravated Assault Lawyer Criminal Defense Specialists – Call the Freedom Lawyers.

Can an Experienced Kennesaw Aggravated Assault Lawyer help with an Aggravated Assault Strangulation case?

Anyone charged with strangling another person can be considered guilty of an aggravated assault, but the act of strangulation is required. In other words, placing someone’s hands Those accused of strangling another person may be deemed guilty of aggravated assault. However, actual strangulation – meaning cutting off a breathing passage – may be necessary. In other words, placing someone’s hands around someone’s neck is not an aggravated assault as required by the law. It takes an experienced Kennesaw Aggravated Assault Lawyer to be able to argue this in court and to a jury.

In some cases, the way the case is defended can mean the difference between felony and misdemeanor charges. One allegation shouldn’t change your life. We can help.

What if the charge is with a Firearm?

Aggravated Assault Lawyer with a Firearm 2

If a person points a firearm at another person with the intent to cause fear, that can be an Aggravated Assault. Whether or not a shot has been fired makes no difference. The charge of Aggravated Assault also applies if a person shoots another person but does not cause death. It is also an Aggravated Assault if a gun is fired at another person but the shots miss. Physically striking someone with a firearm can also be considered Aggravated Assault in Georgia.

However, a person has a right to defend themselves with force, if necessary, to protect themselves or others. If a person is defending themselves, in some circumstances they are immune from prosecution. An experienced Kennesaw Aggravated Assault Lawyer like The Freedom Lawyers know how to investigate these cases to develop the best defense strategy to defend your case.

Does Discharging a Firearm from a Vehicle make a difference?

Aggravated Assault involving Discharging a firearm from a vehicle carries a mandatory sentence of five to 20 years. However, identifying the people within the vehicle is often a major problem for the State. Because of the transitory nature of vehicles and similarities between makes and models, the cases are extremely difficult for the State to prove with the proper defense.

The primary witnesses in these cases often have difficulty identifying those involved. The investigations often involve phone records, evidence testing, ballistic analysis, witness interviews, neighborhood canvassing, independent investigations, and crime scene analysis to build a proper defense.

Don’t leave your defense to chance. It’s Your Freedom, It’s Our Fight. The Freedom Lawyers fight to win.

With a Knife

Threatening another with a knife is also considered an Aggravated Assault in Georgia. A knife or other sharp object can be considered a weapon that is likely to cause serious bodily harm or injury, depending on how it is used.

Alternatively, if a person is defending themselves against an imminent threat or in defense of themselves or others, an experienced attorney can argue in court they are immune from prosecution. At The Freedom Lawyers, our experienced Kennesaw Aggravated Assault lawyers know how to defend your case and fight for your freedom. Don’t let one decision define your life. We can help. Contact us to see if we are a fit for your case.

Against a Public Official

If the aggravated assault occurs against a public safety official or police officer in the performance of their duties, the punishment is much more significant. The law says the punishment shall be:

If that occurs by discharging a firearm, the punishment shall be 10 to 20 years mandatory minimum term of 10 years in prison, and no part of that term will be probated or stayed, unless there’s an agreement between the prosecutor and the defendant.
If it does not involve the discharge of a firearm, but it does involve a weapon, the punishment shall be 5 to 20 years. The mandatory minimum of five years shall only be probated or stayed if an agreement is made between the prosecutor and the defendant.
When the assault only occurs using a person’s body, the punishment is five to 20 years with no mandatory minimum imprisonment.

In addition to the jail time, the fine shall be $2,000.

Aggravated Assault at School

If it’s between a student or teacher, or other school personnel within a school safety zone the punishment shall be five to 20 years. We have worked on numerous cases involving teachers and students, both as the accused and the alleged victims. Our entire staff of attorneys went to school in the Metro Atlanta area including Cobb and Fulton County.

We know the dynamics of the school systems. We also know the different issues and unique cultures within each area of Metro Atlanta. This can change the dynamic of these kinds of cases. When facing a charge of Aggravated Assault, it is important to work with an attorney who has experience with these unique issues.

Kennesaw Aggravated Assault Lawyer Criminal Defense Specialists

The law requires that the person placed in fear of receiving immediately 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. Aggravated Assaults require either the use of a weapon the threat of murder, rape or robbery, or specifically strangulation to qualify as an Aggravated Assault.

If the allegations do not meet one of these elements, the crime is a misdemeanor. Aggravated Assault usually occurs in conjunction with other crimes, such as robbery, burglary, or domestic violence. Aggravated Assaults require witnesses to be interviewed since the consequences can be so severe. Also, there is a thorough investigation process. This includes independent investigations of the location, photographs of the scene, and interviewing all people present and parties involved. In some cases, video may be requested from nearby locations. We do our own independent investigations and rely on our own evidence to fight for our clients. We don’t rely on the State’s evidence- we show why their evidence can’t be trusted.

Self-Defense Under Georgia Law

Further, acting in self-defense is always a defense against an Aggravated Assault. In any self-defense case, you have the right to ask for immunity. Georgia’s self-defense laws are outlined in O.C.G.A. §16-3-21. Under this law, individuals may use force if they reasonably believe it is necessary to prevent imminent harm.

Self-defense can serve as a powerful defense to aggravated assault charges, provided the circumstances meet the legal requirements. Even if you lose a motion for immunity, you can still use self-defense as a defense at trial. Defending aggravated assault cases is one of the areas of expertise of our attorneys. We are former prosecutors. As an Experienced Kennesaw Aggravated Assault Lawyer, we know how the state is going to try to prove your aggravated assault case.

Aggressive Kennesaw Aggravated Assault Lawyer

Our specialized knowledge allows us to prepare better than the other side and defend you to the best ability allowed by law. Our attorneys take an aggressive approach with the state’s allegations and do everything we can to disprove any aspect of the criminal investigation that they come up with.

Fighting an Aggravated Assault charge is fighting for your life. You need someone who you trust you take knows takes the case seriously, and will defend you to the full extent allowed by law.

Our attorneys are highly trained in the way the state will plan to attack us and extremely experienced in the immunity hearing stage. We are trial attorneys. Every aggravated assault case is different. So, you want someone who has tried a lot of different types of aggravated assault cases and has come out victorious.

Steps in a Criminal Prosecution

Facing a criminal charge can be overwhelming, but understanding the process can help. Here are the steps involved in a Georgia criminal prosecution, from arrest to sentencing:

Arrest: Law enforcement officers make an arrest based on probable cause or a warrant. If you’re arrested, remain silent and ask to speak with a lawyer immediately.
Initial Appearance: Within 72 hours, the accused appears before a judge, who informs them of their charges and rights. During this hearing, the judge may address bond eligibility. If the Judge grants bond, the next step is Indictment.
Preliminary Hearing: If you are not granted bond, you are entitled to a Preliminary Hearing, also known as a Probable Cause Hearing. This hearing determines if there is enough evidence to proceed with the charges. The prosecutor presents one witness to discuss the case, and the defense has an opportunity to challenge the evidence. The judge will then consider bond a 2nd time.
Indictment: For felonies, a grand jury reviews the case and issues an indictment if sufficient evidence exists.
Arraignment: The defendant enters a plea of guilty, not guilty, or no contest. This marks the formal start of the legal proceedings.
Discovery: Both sides exchange evidence and build their cases. Discovery is critical for uncovering weaknesses in the prosecution’s case.
Trial: If no plea agreement is reached, the case proceeds to trial, where evidence is presented to a judge or jury. A skilled lawyer can challenge the prosecution’s arguments and advocate for your innocence.
Sentencing: If convicted, the judge imposes a sentence based on Georgia’s guidelines. Sentencing can include incarceration, probation, fines, or community service.

At The Freedom Lawyers, we guide our clients through every step, ensuring they understand their rights and options. Our proactive approach helps clients make informed decisions about their defense.

Why Choose The Freedom Lawyers as your Kennesaw Aggravated Assault Lawyer?

At The Freedom Lawyers, we believe every client deserves a dedicated defense. Here’s what sets us apart:

1. Clear and Consistent Communication with your Kennesaw Aggravated Assault Lawyer

We prioritize keeping our clients informed. From the moment you hire us, we explain every aspect of your case, answer your questions, and ensure you feel confident in your defense strategy. We’re always just a phone call away.

2. Thorough Investigations by your Kennesaw Aggravated Assault Lawyer

The key to a strong defense lies in the details. Our team carefully examines the evidence, interviews witnesses, and investigates law enforcement procedures. By uncovering inconsistencies or violations of your rights, we build a robust defense. Our in-depth investigations have led to reduced charges and even dismissals in many cases.

3. Protecting Your Future with your Kennesaw Aggravated Assault Lawyer

A felony conviction can have lifelong consequences, including difficulty finding employment or housing. Our goal is to minimize the impact on your life. Whether negotiating reduced charges, seeking alternative sentencing, or fighting for a dismissal, we work tirelessly to protect your future.

4. Strategic Defense Planning by your Kennesaw Aggravated Assault Lawyer

Every case is unique, and we tailor our approach to fit the specific circumstances of your situation. By understanding the details of your case, we can craft a defense strategy that maximizes your chances of a favorable outcome.

The Best Defense Starts Early – Give your Kennesaw Aggravated Assault Lawyer the Best Chance to Win!

If you are facing an aggravated assault charge, time is critical. Don’t wait to secure the legal representation you need. Call The Freedom Lawyers today for a free consultation and let us start building your defense.

Our nearby offices just off of the Kennesaw State University Campus and in Downtown Marietta make it easy to access expert legal help. Visit our website or contact us directly to schedule your appointment. Remember, the sooner you act, the better your chances of a favorable outcome. Our team is ready to stand by your side and protect your rights.

Additionally, take advantage of our free case evaluation to understand the charges against you and explore your defense options. A single call can make all the difference.

Georgia Aggravated Assault Law Citations

For more information about Georgia aggravated assault laws, visit:

O.C.G.A. §16-5-21: Details on aggravated assault definitions and penalties.
O.C.G.A. §16-3-21: Provisions for self-defense and justified use of force.

Understanding these statutes is vital, but having an experienced lawyer is even more critical. Let The Freedom Lawyers help you navigate these complex laws.

Contact The Freedom Lawyers Today

When facing serious charges like aggravated assault, you need a team that will stand by your side. The Freedom Lawyers have the experience, skill, and dedication to provide the defense you deserve. Don’t leave your future to chance. Contact us today and let us fight for you.