Skilled Defense For Assault Charges In Georgia

Last updated on February 6, 2025

An assault allegation or charge can devastate your personal and professional reputation, putting your career and parenting rights in jeopardy. You should not face an assault charge without skilled representation.

At Daniels & Rothman, our lead criminal defense attorney has tirelessly advocated for Georgia residents since 1992. Lawyer Jeffrey Rothman is a trial-tested attorney who uses his vast understanding of the criminal process and the state’s assault laws to design the most effective defense for your criminal matter. The prosecution does not take assault cases lightly, and neither do we.

Arrange your free initial consultation today. Call 706-621-5166 or email attorney Rothman now.

What Is Assault In Georgia?

Under Georgia law, assault occurs when a person either attempts to commit a violent injury to another person or commits an act that places another person in reasonable fear of immediately receiving a violent injury. This means you can be charged with assault even if no physical contact occurred. Key elements that prosecutors must prove in an assault case include:

● Intent to cause apprehension of harmful contact.
● Creation of reasonable fear in the victim.
● Present ability to cause harm.
● Actions that would cause a reasonable person to feel threatened.

Georgia law distinguishes between different types of assault based on circumstances, weapons used and the status of the victim. For example, assaulting certain protected individuals like police officers, elderly persons or school employees can result in enhanced charges.

Penalties For Assault Crimes In Georgia

Georgia courts impose different penalties based on the severity of the assault charge and any aggravating factors. The consequences can dramatically impact your future, from your freedom to your ability to work and live where you choose. A simple assault conviction as a misdemeanor can result in:

● Up to 12 months in county jail
● Maximum fine of $1,000
● Possible probation and community service
● Mandatory anger management classes

Those convicted of aggravated assault, which is charged as a felony, face more severe consequences:

● One to 20 years in state prison
● Substantial fines up to $100,000
● Extended probation periods
● Permanent felony record

Special circumstances can increase these penalties. For instance, assaulting a public safety officer can result in a mandatory minimum of five years in prison.

Similarly, assault with a deadly weapon or assault during the commission of another felony carries enhanced sentences. A conviction may also bring additional consequences to your life:

● Loss of firearm rights
● Immigration consequences for noncitizens
● Difficulty finding employment
● Housing restrictions
● Impact on child custody arrangements
● Professional license suspension

Working with a defense attorney early in your case can lead to reduced charges or alternative sentencing options, particularly for first-time offenders. We examine all available defenses, including self-defense, defense of others, lack of intent or mistaken identity.

Understanding Assault Charges

In Georgia, an assault charge can be filed after one individual threatens to hurt another. This criminal offense differs from battery, which requires physical contact between the assailant and the victim.

We develop compelling cases for clients charged with various types of assault, including:

• Simple assault: In Georgia, simple assault involves attempting to cause violent injury or placing someone in reasonable fear of immediate harm. Examples include raising a fist in a threatening manner without actual physical contact.
• Sexual assault: Sexual assault covers nonconsensual sexual activities such as unwanted touching or coerced acts. Georgia law defines it as any sexual contact or behavior without the victim’s explicit consent.
• Domestic assault: Domestic assault involves violence or threats against a family member or someone in a domestic relationship. This includes spouses, co-parents or individuals living together, and can involve physical harm, threats or emotional abuse.
• Aggravated assault: Aggravated assault is a severe form of assault involving intent to murder, rape or rob, or using a deadly weapon. It includes causing serious bodily harm or using weapons like firearms or knives.

Prosecutors use a range for factors to determine whether the alleged assault should be classified as a misdemeanor or felony. This distinction is important because convicted felons can face lengthy prison sentences and severe fines. Having an assault record can also restrict your access to your children if you are separated or divorced.

An assault can be difficult to prove, but this will not stop prosecutors from filing charges and disrupting your life. When you work with our firm, we do everything in our power to present an effective argument that supports your version of the alleged incident.

Next Steps If Charged With Assault In Georgia

If you find yourself facing assault charges in Georgia, taking the proper steps can protect your rights and help you build a strong defense. Here are some important actions to consider:

• Seek knowledgeable representation: Hire a defense attorney experienced in assault cases to guide you through the legal process and provide advice.
• Understand the charges: Take time to learn about the specific charges against you and their repercussions – our lawyers can explain the legal implications and possible defenses.
• Collect evidence: Gather any evidence that can play a role in supporting your defense, such as witness statements, alibis and relevant documentation.
• Stay silent about your case: Refrain from discussing the details of your case with anyone except your attorney, as any statements you make could be used against you.
• Follow court orders: Adhere to any court orders or conditions of bail, such as no contact orders, to avoid additional repercussions and negative impacts on your defense.

These and other proactive steps can help you avoid a worst-case outcome by giving you the legal protection you need. Our attorneys can offer additional guidance.

Learn How We Can Help Today

Get experienced legal advice during your free initial consultation. To arrange your private meeting, please fill out our online contact form or call our Athens office at 706-621-5166.