The actions you take in the hours and days after an aggravated assault arrest are crucial to securing your long-term freedom. You’re entering unfamiliar legal territory and require an advocate to help you understand your position, analyze the options available, and guide you as you navigate the forthcoming legal proceedings.
The FBI’s Uniform Crime Reporting (UCR) Program defines aggravated assault as an “Unlawful attack with the purpose of inflicting severe injury or aggravated bodily injury”. As aggravated assault is a serious crime, there are significant consequences for you and your family.
While there are differences in each state’s sentencing guidelines for aggravated assault, you’re facing the prospect of several years in prison when charged. For example, in Georgia, under Georgia Code § 16-5-21 (2020), the standard aggravated assault sentence carries 5 to 20 years of prison time upon conviction, depending on the circumstances of your case.
This latest post will explain the steps to take when facing aggravated assault charges.
Book a Consultation with a Lawyer Before Speaking with Investigators
One of the most common mistakes you can make when charged with aggravated assault is to try to explain yourself to the police and the investigation team. Immediately ask to speak with a criminal defense lawyer if the police request an interview.
While you might have strong grounds for your defense and believe you’re innocent under the law, any additional information you provide can only harm your case. After the filing of federal assault charges, investigators will analyze you in detail. They’ll review your movements on the day of the alleged incident and confirm your actions with witnesses. Only a skilled lawyer with experience in aggravated assault defense can help you navigate this complex process.
Defense lawyers will offer you a consultation during which you’ll have the opportunity to discuss your case, analyze your legal options, and determine whether the lawyer is the best choice of representation for your aggravated assault charges.
Begin Collecting Evidence to Support Your Defense
Your defense lawyer will guide you through the evidence collection process and will work with you in collecting comprehensive data to support your case. You can aid in this process by collecting potential evidence, such as your cell phone records and social media content, and then providing relevant details to your lawyer for review. You can also play a crucial role in your defense by documenting your memory of the day of the alleged assault.
Small details can often play a significant role in the result of a case, so any additional information you can provide to your lawyer could help reduce your sentence or even lead to the dropping of charges.
Maintain Clear Communication with Your Aggravated Assault Defense Attorney
Clear communication with your lawyer can protect your legal rights during the investigation.
Your lawyer is your advocate and can help you avoid a long sentence. Take the time to discuss your concerns with them. Call your lawyer any time you have questions about the legal process. Don’t hold anything back when working with your legal team. Effective communication with your defense attorney builds trust and enhances the lawyer’s ability to provide effective representation.
Learn the Potential Defenses in Aggravated Assault Cases
Your aggravated assault defense lawyer will solidify your case and provide precise guidance on potential defenses to the charges. If you’re currently under investigation for assault charges, your potential defense strategy may include one or a combination of the following:
Self-defense
Successful defenses often hinge on the use of self-defense in an aggravated assault charge. The prosecution must prove you intended to cause harm or acted recklessly in causing harm to another person. If you have evidence showing you were defending yourself, your defense lawyer can help explain your actions were lawful in the circumstances.
Defense of Others
If your attorney can prove you used force in defense of others, they may be able to reduce your potential charges or cause the prosecutor to drop the charges. An example of the “defense of others” defense is when you intervene to help an individual under attack by a group of people and use reasonable force to subdue the attackers.
Mistaken Identity
Assaults often occur in chaotic circumstances and within large groups of people. Your defense lawyer may be able to prove the prosecution has falsely identified you as the perpetrator based on eyewitness testimony or camera footage. Your legal team may be able to prove mistaken identity with evidence showing you were in another location at the time of the assault.
Lack of Intent
Intent is a crucial element in aggravated assault charges in the State of Georgia, as the prosecution must prove the accused acted with malice, intent, or reckless disregard for the victim’s safety. Your defense lawyer may be able to reduce your charges based on a lack of intent to cause harm in your case.
Jeff Manciagli – Over 35 Years of Experience in Aggravated Assault Defense
Minutes matter in the successful defense of aggravated assault cases. If you or someone you love is under investigation, book a consultation with aggravated assault defense lawyer Jeff Manciagli for clear answers to your legal questions based on over three decades of experience.
Don’t try to go it alone when you have direct access to an experienced legal advocate. Call the Law Offices of Jeff Manciagli now via (404) 418-4383 or book your case consultation online.