Understanding Georgia’s Assault Laws
Assault charges in Georgia carry a heavy penalty. Misdemeanor assaults – otherwise known as “simple assaults” carry a penalty of up to one year in prison and are often negotiated by defense lawyers down to several months or time served awaiting trial. Felony assault, otherwise known as “aggravated assault” carries much heavier and more impactful penalties. The state of Georgia can impose a penalty of up to 20 years in prison on those charged and convicted of aggravated assault.
You risk years of lost freedom – decades spent away from loved ones. As one of the foremost Atlanta, GA, criminal defense lawyers for assault cases, Jeff Manciagli represents those charged with violent crimes in the Georgia courts. He has won many cases where the evidence was against his client.
Call an Atlanta, GA Assault Defense Lawyer for a Free Consultation
Book a Free Consultation with Atlanta Assault Defense Attorney Jeff Manciagli. Call (404) 642-9080. 24/7 Availability and 30 Years of Assault Defense Experience.
To help you and your family navigate your legal options after an assault charge in Georgia, below are the defenses available.
Self-defense
When you defend yourself and others and use reasonable force, your defense lawyer may be able to claim self-defense in your assault case.
False Accusations
When wrongly accused of a violent crime, your defense lawyer can use material witness testimony, video camera footage, and other evidence showing you’re not guilty.
Mistaken Identify
Assault convictions rely on DNA evidence and other infallible tools for identifying the person responsible for the crime. Criminal defense teams have broad networks, including DNA testing experts and specialists who can help prove you were not the person who committed the assault.
Lack of Intent
In Georgia aggravated assault cases, intent is crucial in securing a conviction. Under GA Code § 16-5-21, the definition of aggravated assault includes the intent to cause serious injury. If your defense team can prove a lack of intent, the judge may reduce your sentence considerably.
Illegal Search and Seizure
One of the most common defenses in assault cases is the illegal search and seizure of evidence. Law enforcement must secure evidence like photographs and video evidence via a search warrant. When police and investigators obtain evidence without a warrant, your lawyer may be able to have the evidence dismissed.
What Steps Can I Take Immediately After an Assault Charge?
Beyond the evidence against you and the defenses you deploy during your assault case, the steps you take in the hours and days after your initial charge can determine your long-term future. Take the following measures to safeguard your rights:
- Hire an aggressive attorney.
The experience of your defense lawyer will be crucial in securing your future. Hire an aggressive Atlanta defense lawyer known for their victories in the most challenging felony assault cases.
2. Maintain 100% honesty with your lawyer.
Do not withhold any details or evidence from your lawyer. They are solely responsible for protecting your legal rights and can only do so effectively if you’re completely transparent with them.
3. Let your lawyer control communications.
Do not speak with anyone, even your closest friends and family members, about the case without your lawyer’s approval. Your lawyer should control all communications regarding your assault case to help ensure a successful defense.
Put Decades of Assault Defense Experience Behind Your Case
Assault defense lawyer Jeff Manciagli has won cases in courtrooms throughout Georgia, ranging from aggravated assault with a weapon to simple assault cases. If you’re facing a severe penalty due to assault charges, you can depend on Jeff and his legal team to help protect your legal rights.
Explore your assault defense options with one of Atlanta’s leading criminal defense attorneys. Request your free assault charge consultation with Jeff Manciagi by calling (404) 642-9080 or booking online.
Assault Charges Defense in Georgia: an FAQ
Can a plea bargain help reduce my sentence?
In some cases, your attorney may recommend a plea bargain or a commitment to take other measures, such as anger management classes, to reduce your sentence. The options available generally depend on the extent of the assault.
Can I contact the alleged victim after a charge?
Under no circumstances should you attempt to contact the victim or their loved ones without first speaking with your attorney. This could severely jeopardize your case.
What does it mean when there’s a mandatory minimum sentence?
In Georgia, aggravated assault as a hate crime carries a mandatory minimum sentence of two years in jail and a fine of $5000. This means the penalty is the lowest possible sentence you can receive if convicted if your aggravated assault is charged as a hate crime based on gender, religion, skin color, or national origin.
Can the Georgia First Offender Act apply in my case?
Possibly. Under Georgia’s First Time Offenders Act, you may be eligible to plead guilty but avoid a criminal record, complete a treatment program, and have your charges sealed upon conviction. Call Jeff Manciagli directly to learn more about the First Offender Act and your eligibility.