Law enforcement officers typically arrest first and investigate later in Carroll County Assault cases. However, sometimes, when they have no idea what happened, or if there is a really good officer on the case, they will investigate first. Being the subject of any type of criminal investigation may mean your rights and freedom are at risk. Do not wait until after an arrest to hire an attorney. If you have been contacted by law enforcement regarding an investigation and believe you may be a target of the investigation, you can hire a lawyer today!

An experienced assault attorney can take action today to protect both you and your rights from government attack. Contact J. Ryan Brown Law today to learn more.

What Is Assault?

Under Georgia law, assault is any attempt to cause violent harm to someone or any action that puts someone in reasonable fear that violence will immediately occur. After an investigation, Carrollton prosecutors can issue charges for two types of assault: simple or aggravated. Simple assault is a misdemeanor, punishable in most cases with up to 12 months in county jail and up to a $1,000 fine. Aggravated assault is a felony, and a conviction may lead to up to twenty years in state prison and higher fines.

In Georgia, assault and battery are separate crimes. Battery involves causing physical harm, whereas assault comprises attempting or causing fear of that harm. A local attorney could further clarify this distinction.

What Do Authorities Look for in Assault Investigations?

Carrollton law enforcement officers conduct assault investigations for two primary purposes. First, they aim to confirm the occurrence of the alleged assault and identify the party who is allegedly responsible. Second, officers seek to determine if the alleged conduct supports an aggravated assault charge rather than a simple assault charge.

When determining whether to bring aggravated assault charges with enhanced penalties, law enforcement officers will look for evidence of:

  • The intent to murder, rape, or rob the alleged victim
  • Use of a deadly weapon or other object that, when someone uses it against another person, likely can or does cause a serious bodily injury
  • Use of an object that, when someone uses it against another person, can or does cause strangulation
  • Use of a gun from inside a motor vehicle toward someone without legal justification

Georgia law requires harsh minimum sentences for those convicted of aggravated assault against law enforcement officers, students, teachers, school personnel, officers of the court, or persons over age 65. Minimum sentences can also apply in cases involving commercial vehicle theft, assault in a public transit vehicle or station, firearm usage from inside a motor vehicle, domestic violence, or intent to rape a child under age 14.

How Should You Respond to an Assault Investigation?

Police may ask you to speak with them voluntarily during their investigation. They will make their request casually, emphasizing that you are not under arrest and can immediately end the conversation. However, make no mistake; there is nothing casual or harmless about police questioning. They likely already believe you are responsible for the assault and want your confession or a reason to arrest you. Answering police questions can hurt you, even if you believe you did nothing wrong. The same goes for polygraph examination – do not go to law enforcement sponsored polygraph examinations. They are not there to help you!

Instead, decline the conversation and contact a criminal defense lawyer immediately. Hiring a skilled lawyer while the investigation is still ongoing allows them to help convince the authorities not to arrest or charge you or to charge only simple assault, not aggravated assault. Your lawyer can also shield you from police interrogations that put your rights at risk while conducting an independent investigation to build a solid defense on your behalf. When you are under investigation for assault in Carrollton, the sooner you hire an experienced defense attorney, the better.

Contact a Carrollton Attorney When You Are Under Investigation for Assault

Assault investigations in Carrollton aim to gather evidence to justify an arrest and pursue the most severe charges. Becoming the target of or a person of interest in an assault investigation may mean your livelihood is at risk. Hiring a skilled defense lawyer is the safest way to protect your rights and future.

The legal team at J. Ryan Brown Law can help you. We can fight aggressively to shield you from an assault charge or minimize the consequences that come with a potential conviction. Contact us if the police are focusing their assault investigation on you.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC