If you are facing an aggravated assault charge, it can be a life-altering experience. It could be Aggravated assault or Aggravated battery, but you need a quality defense team to stand up for your rights. At The Freedom Lawyers, we have helped clients throughout Marietta with legal representation for Aggravated assault cases.
Oftentimes, there are multiple elements and steps to an aggravated assault case. These include motions for bond, immunity, suppression, and collecting evidence. As former prosecutors, we understand how the State prepares such cases and use this information to build your criminal defense.
Aggravated Assault
An aggravated assault happens when a person puts someone in fear of bodily harm or serious injury. This includes the intent to murder, rape, or rob, or if an object when used offensively is likely to result in bodily injury or strangulation. In addition, an incident where a person discharges a firearm at another person from a vehicle also counts as aggravated assault. For those convicted in Marietta, a sentence can last from 1-20 years, depending on allegations and injuries.
Domestic Violence
Domestic Violence Aggravated Assault cases typically involve a couple and may require creative approaches when it comes to negotiations. There are usually multiple defenses and feature thorough and extensive investigations. Punishment for this crime is 3-20 years. This depends on if the assault is between past and present spouses, parents of a child, or other people currently or formerly live in a household.
Strangulation
Strangulation is the act of cutting off a breathing passage. Placing hands around another person’s neck is not enough – a charge requires the actual act of strangulation. This means that placing someone’s hands around someone’s neck is not an aggravated assault as required by the law. This can make the difference between receiving a felony charge or a misdemeanor. Having an experienced Aggravated Assault Defense lawyer helps explain this to a jury in a courtroom. The Freedom Lawyers have represented clients in Marietta accused of Aggravated Assault and are ready to handle your case.
Firearm Charges
An aggravated assault charge occurs if a person points a firearm at another person with the intention of causing fear. It doesn’t matter if a shot was fired, or if the shots that are fired miss their intended target. In Marietta and throughout Georgia, hitting someone using a firearm can also lead to an aggravated assault charge. However, a person does have the right to defend themselves with force, if it is intended to protect themselves or others. In some circumstances, a person can be immune from charges because they were acting in self-defense. An experienced Aggravated Assault Attorney understands how to investigate these cases and develop the best defense strategy for your case.
Discharging a Firearm from a Vehicle
For cases of aggravated assault involving shooting a firearm from a vehicle, there is a mandatory sentence of 5-20 years. However, it can be a difficult charge to prove depending on the defense. This is because identifying the people in the vehicle can be hard to do based on the nature of vehicles and similarities between makes and models. Often the key witnesses can’t identify the people involved. In these cases, lawyers rely on phone records, evidence testing, ballistic analysis, witness interviews, neighborhood canvassing, independent investigations, and crime scene analysis to build a defense case. With mandatory minimums, you will face prison time if convicted. If you are in Marietta and facing these charges, get a lawyer that has experience in defending clients from these cases. Call us today for a free consultation.
Knife Assault
In Marietta, a person can face an aggravated assault charge if they threaten another person with a knife. This can be if it causes injury or if there is a threat with the possibility of an attack. Alternatively, a person defending themselves or others against a threat can be immune from prosecution if an experienced attorney argues successfully. At The Freedom Lawyers, we have a team of experienced aggravated assault attorneys that know how to defend your case and fight for your freedom.
Marietta Aggravated Assault Against a Public Official
In cases where aggravated assault occurs on a public safety official while they are performing their duties, punishment is more significant. According to the law:
- If an assault occurs by discharging a firearm, the punishment shall be 10 to 20 years mandatory with a minimum term of 10 years in prison. In addition, 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 is 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.
Along with the jail time listed, there is also a $2,000 fine.
Assault Against Older Citizens
If an aggravated assault occurs on a person aged 65 or older, there is a punishment of 3-20 years. Additionally, defense lawyers have to factor in the emotional element of any trials focused on crimes against the elderly. Our law firm helps clients in Marietta understand the details involved in these types of cases.
Marietta Aggravated Assault On Public Transit
For Aggravated Assault incidents on public transportation, the punishment shall be three to twenty years in prison.
Marietta Aggravated Assault Involving Commercial Vehicle Theft
When someone commits aggravated assault using commercial transportation such as a tractor-trailer or cargo ship, the punishment is 5-20 years and a fine of not less than $50,000 nor more than $200,000.
Marietta Aggravated Assault at School
For assault between a student or teacher, or other school personnel within a school safety zone, there is a punishment of 5-20 years. The Freedom Lawyers have worked on cases involving teachers and students, both as the accused and the alleged victims. Our attorneys went to school in Marietta and Cobb County, so we understand the dynamics involved. We understand the dynamics as well as the different issues and unique cultures throughout every area.
Criminal Defense Specialists
The law says that if a victim is not aware of assault or if they would not fear for their safety, it’s not considered 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 allegations don’t fall into one of these categories, it is a misdemeanor. These assaults usually happen in conjunction with other crimes, such as robbery, burglary, or domestic violence. In addition, investigators require interviews for witnesses, and there is a thorough investigation process.
Self-Defense
Acting in self-defense always serves as a defense to an aggravated assault charge. In any self-defense case, you have the right to ask for immunity. You have what’s called a motion for immunity for self-defense cases. In these, a lawyer asks the judge to make an independent determination on if you were acting to defend yourself. A judge dismisses the case if they rule you are. As former prosecutors, our Marietta law firm knows how best to defend people in aggravated assault cases.
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. In addition, they should 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 can consist of rendering a part of their body useless or seriously disfiguring the body. A conviction of aggravated battery will result in jail time of 1-20 years. This range goes to 3-20 years for cases with past or present spouses, children, or parents. Aggravated battery differs from assault in that it requires an injury, including disfigurement. Bruises and scratches are not considered part of aggravated battery. However, battery qualifies for a deep or chipped tooth. Having an experienced attorney who deals in aggravated battery cases helps indicate key differences in court. We have both prosecuted and defended multiple clients throughout Marietta charged with aggravated battery. You want a specialist on your side. You want The Freedom Lawyers.