At The Freedom Lawyers, we specialize in defending those accused of violent crimes. This includes Aggravated Assault, Aggravated Battery, simple assault, and simple battery. These charges can be life-changing, but almost always have a defense. If you need an aggravated assault or Aggravated Battery lawyer near Marietta, The Freedom Lawyers can help.
Aggravated Assault and Aggravated Battery cases are complex and often require a multi-faceted defense. This includes scheduling and arguing bond motions, motions for immunity, motions to suppress, and sometimes motions to obtain evidence. Our attorneys are former prosecutors. This means we know how the State prepares these cases and use that to build your Aggravated Assault criminal defense.
Our attorneys represent clients accused of Aggravated Assault and Aggravated Battery all over the Metro-Atlanta area including Fulton County, Cobb County, Cherokee County, Bartow County, and Dekalb County.
Aggravated Assault
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.
Domestic Violence
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 Aggravated Assault Criminal Defense Specialists – Call the Freedom Lawyers.
Strangulation
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 Aggravated Assault Defense attorney 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. Throughout the metro Atlanta area, we have represented clients accused of strangulation associated with Aggravated Assault.
With a Firearm
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. Hitting 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 being prosecuted. An experienced Aggravated Assault Attorney knows how to investigate these cases to develop the best defense strategy to defend your case.
Discharging a Firearm from a Vehicle
Aggravated Assault involving Discharging a firearm from a vehicle carries a mandatory sentence of five to 20 years. However, identification of the people within the vehicle is often a legitimate question. 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. They often involve phone records, evidence testing, ballistic analysis, witness interviews, neighborhood canvassing, independent investigations, and crime scene analysis to build a proper defense.
Due to the mandatory minimums, no matter the circumstances, if convicted you will serve prison time. Don’t leave that fight to someone who does not specialize in these types of cases. Contact us for a free consultation.
With a Knife
A person in Georgia may also be charged with Aggravated Assault if they threaten another person with a knife. A knife or sharp object may cause injury, or a threat may be made with a high probability of an actual attack occurring.
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 Aggravated Assault attorneys know how to defend your case and fight for your freedom.
Against a Public Official
If the person if the aggravated assault occurs against a public safety official 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.
Against Someone Over 65
If the Aggravated Assault occurs against a person who’s 65 years or older, that punishment is three to 20 years. In addition, defense teams must prepare for the emotional impact of trials involving crimes against the elderly. Our Attorneys specialize in the intricacies of trial defense in these types of cases.
On a Public Transit Vehicle
If the Aggravated Assault is committed in a public transportation vehicle, the punishment shall be three to twenty years in prison.
During Theft of Commercial Vehicle
Someone commits an Aggravated Assault through the theft of a vehicle engaged in commercial transportation like a tractor-trailer, or cargo ship, the punishment is as much as 5 to 20 years and a fine of not less than $50,000 nor more than $200,000.
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.
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. Video evidence of the Aggravated Assault will provide the best defense possible.
Self-Defense
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.
Nevertheless, they cannot exceed the amount of force threatened. You’re entitled to what’s called a motion for immunity for any self-defense case. That means we ask the judge to make an independent determination as to whether you were acting to defend yourself and dismiss the case.
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. We know how the state is going to try to prove your aggravated assault case by attacking us.
Aggressive Aggravated Assault Defense
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 have prosecuted and defended people charged with Aggravated Assault involving armed robberies, attempted murders, shootings, firearms, knives, brass knuckles, ropes, allegations of strangulation, Aggravated Assault domestic violence, attempted Aggravated Assault by boat, Aggravated Assault by car, and Aggravated Assault by use of sharp and blunt objects.
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.
Aggravated Battery
Aggravated Battery is malicious harm to another person. This includes depriving him or her member of his body, or rending a member of his body useless, or seriously disfiguring his body.
Those convicted of Aggravated Battery will serve not less than one or more than 20 years in prison.
In cases involving past or present spouses, children, or parents, the punishment ranges from three to twenty years.
The difference between Aggravated Assault and Aggravated Battery is that Aggravated Battery requires an injury. It usually requires a serious injury, serious disfigurement, or rendering a part of the body useless. Bruises and scratches do not count as Aggravated Battery.
A deep or a chipped tooth, however, may constitute Aggravated Battery. With Aggravated Battery the injury is important. The lasting impact of the injury is important. In this the state and lasting impact of the disfigurement is essential.
This is important because a small cut or scrape is sometimes charged as an Aggravated Battery. However, an experienced Aggravated Battery Criminal Defense attorney knows how to show the difference in court.
Attorneys at our firm specialize in defending Aggravated Battery cases. We have both prosecuted and defended multiple clients charged with Aggravated Battery. You want a specialist on your side. You want The Freedom Lawyers.