In the criminal justice system, the burden of proof always lies upon the state. Though it may not feel like it after an arrest, every person is innocent until proven guilty in a court of law. Regardless of the details and severity of charges you face, this remains a fact.

An arrest and criminal charges can be overwhelming, but you do not have to face this troublesome time alone. If you are facing assault charges, you deserve to have a dedicated defense attorney by your side. A Newnan assault lawyer could advocate on your behalf and defend your freedoms.

Battery and Simple Battery

The Official Code of Georgia Annotated § 16-5-23(a) defines simple battery as intentionally making physical contact in an insulting or provoking nature to another or intentionally causing physical harm to another. To be considered battery, as opposed to simple battery, the individual must have intentionally caused substantial physical harm or visible bodily harm. Facial and body injuries, bruises, black eyes, swollen lips, and more are considered visible bodily harm or even substantial physical harm when it comes to differentiating between battery and simple battery.

Aggravated Assault in Newnan

Under O.C.G.A. § 16-5-21, an individual commits aggravated assault when they assault with a deadly weapon, when they assault with the intent to rob, rape, or murder, when they assault with an object or device which is likely to result in strangulation, or when they discharge a firearm from a vehicle toward a person. An aggravated assault charge does not require the defendant to physically harm or touch the accuser. If you have been accused of assault in any degree, an attorney in Newnan could explain your legal options and begin building a defense on your behalf.

Penalties for Aggravated Assault and Battery Convictions

In Georgia, aggravated assault is a felony charge. If convicted, the defendant will be sentenced to between one and 20 years of imprisonment. In some cases, at least part of this sentence may be served on probation.  There are also situations where the sentencing range can change based on aggravating factors. Some of those aggravating factors include:

  • Assaulting a person who is 65 years old or older.
  • Assaulting a police officer.
  • Assault someone on a public transit system.
  • Assaulting someone under the age of 14.
  • Assaulting a student or school employee in a school zone with a firearm.

However, assault, battery, and simple battery are all misdemeanors. Misdemeanors carry up to 12 months in the county jail and fines of up to $1000. A dedicated attorney in Newnan could answer questions you may have regarding your case, assault penalties, and more in a private consultation.

Schedule a Consultation with a Newnan Assault Attorney

Even if you never caused physical harm to another person, you may be facing life-altering aggravated assault charges for threatening or brandishing a weapon. If the jury or court finds you guilty, you could spend time in jail or prison, pay hefty fines, and have a conviction on your criminal record.

Even after you have paid your dues to society, you may still have a difficult time finding gainful employment, housing, and more. Rather than waiting, let a Newnan assault lawyer help you today. Schedule a consultation now.