In Georgia, the criminal statute known as simple assault prohibits individuals from attempting to commit a violent injury to someone’s person, or committing an act placing them in reasonable apprehension of immediately receiving a violent injury. In addition, acting on those threats is a separate criminal offense that can be just as serious.
If you are facing assault allegations, it is important to know that you have legal options. Whether the charges allege causing harm to another or merely threatening to do so, an experienced Macon assault lawyer can help you clear up any misunderstandings and protect your future. Contact J. Ryan Brown Law today to discuss your unique situation with a diligent defense attorney.
The law in Macon provides a strict definition of assault. According to the Official Code of Georgia Annotated §16-5-20, an assault is any attempt to cause a violent injury to another party. In simple terms, an assault is an attempt to cause harm, regardless of whether that harm actually occurred.
Simple assault is considered a misdemeanor. A conviction as such can require a person to pay a fine of up to $1,000, spend one year in jail, or both. A knowledgeable Macon attorney can help accused parties to better understand how state law defines a simple assault. They then work to gather evidence that helps create reasonable doubt about the prosecutor’s case and presents this evidence on behalf of defendants in court.
One major element that a prosecutor must prove in every assault case is that the defendant intended to cause harm to another person. If a claimant alleges that they feared for their well-being because of the actions of another, a prosecutor must prove that the defendant intended to commit this act. Because of this, many assault defenses revolve around the idea that a defendant did not believe that their actions would cause another to be in fear. Skilled attorneys can introduce evidence that any physical contact was a simple mistake. They can also help determine if a lack of intent could damage a prosecutor’s case.
There are two main factors that could contribute to an assault charge being upgraded to an aggravated assault. The first is whether a defendant used a weapon to assault another. According to O.C.G.A. § 16-5-21, the use or display of a deadly weapon or instrument may result in felony-level charges. Convictions here may result in a prison sentence of up to twenty years.
The other factor is the identity of the supposed victim. A person’s status as a family member, police officer, or senior citizen can result in enhanced penalties for an assault conviction, even if the incident did not involve any bodily harm.
An attorney serving Macon can help to develop a defense against any assault allegation. They can work to dispute the identity of an alleged assailant, question whether it was reasonable for the supposed victim to fear harm, or work to dispute whether a weapon was present at the scene.
Assault charges are serious issues that have the potential to impact every aspect of your life. Despite popular belief, police can make an arrest if they suspect that a defendant merely threatened the well-being of another person. An assault conviction is possible even if physical contact never actually occurred.
For these reasons, it is vital to enlist the help of an aggressive Macon assault lawyer that will take the lead in your case and fight back against these harmful allegations. An attorney can evaluate the strength of the prosecutor’s case, dispute the legality of police work, and make cogent legal arguments before judges and juries on your behalf. Contact J. Ryan Brown Law today to schedule a confidential consultation with dedicated legal counsel.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC