Hinesville Assault & Battery Lawyer

Facing any type of criminal charge in Hinesville can be daunting, especially if you did not commit a crime or did not intend to commit a crime. Assault and battery are some of the most commonly prosecuted offenses, and there is a scale of various offenses that fall within the purview of assault and battery. You need an experienced Hinesville assault & battery lawyer to defend you if you are facing any such charges.

Criminal Defense Counsel for Hinesville, GA, Assault and Battery Cases

Jarrett Maillet, J.D., P.C., can provide the comprehensive and aggressive defense counsel you need when facing any type of assault and/or battery charge in Hinesville. Attorney Maillet has extensive experience providing robust criminal defense representation for our clients, and our firm is ready to provide peace of mind and support for your impending case.

Every American citizen has a constitutional right to legal representation when they are accused of a crime. They also have the right to a speedy and fair trial and the opportunity to offer evidence and cross-examine witnesses. An arrest for any type of assault charge can be terrifying, regardless of whether you know you committed the offense, were arrested after acting in self-defense, or have been wrongfully accused.

Your Hinesville assault & battery lawyer can help formulate the most effective defense against the charges filed against you. They can carefully review the police’s handling of your arrest and booking and the prosecution’s handling of material evidence to ensure your rights and the laws of due process have been properly respected at all times.

You have a very limited time to react after an arrest in Hinesville. Following booking, you will be allowed to make your phone calls, and it is imperative that you reach out to trusted defense counsel immediately. Exercise your Fifth Amendment right to remain silent until you are able to consult your attorney, and they can help determine the most appropriate defenses in this challenging situation.

Understanding Assault and Battery Charges

The terms “assault” and “battery” are often used in combination and are sometimes used interchangeably. However, it is vital to understand that each term has a specific definition, and the charge of assault and battery is a combination of both offenses. The term “assault” refers to presenting a threat of harm to another party. Essentially, simply threatening to harm someone while possessing the capability to make good on the threat constitutes an assault.

“Battery” refers to actually making physical contact. For example, if someone threatens to hit another person, making a fist and posturing aggressively, it would be an assault. If they escalate the situation and actually hit the other person, the incident has elevated to assault and battery. In the state, the penalties for assault, and assault and battery vary based on many factors.

In every criminal case tried in Hinesville, there are aggravating and mitigating factors. Aggravating factors are variables that increase the severity of the charges against the defendant and the severity of the resulting penalties. Mitigating factors work the opposite way, alleviating the severity of the charges against the defendant and potentially making way for lighter penalties.

Commonly cited aggravating factors in assault and battery cases include assault and battery with the intent of robbing or sexually harming the victim, the use of a firearm or other deadly force, or conducting an assault and battery through the course of committing another felony. Mitigating factors generally include the most commonly cited defenses to assault and battery charges, namely self-defense.

Assault and battery can be charged as a misdemeanor or a felony, depending on the details of the situation. If the incident resulted in great bodily harm to the victim, it is a major aggravating factor that is likely to lead to felony prosecution. Additionally, the defendant will face civil liability for the victim’s damages along with any penalties assigned by the criminal court judge who handles their sentencing.

Georgia upholds the Stand Your Ground law, meaning that when presented with a threat of imminent harm, the intended victim has no duty to retreat and may defend themselves with whatever level of force they deem necessary for the situation. For example, if met with an imminent threat of deadly harm, the intended victim may legally use deadly force to defend themselves.

What to Expect From Your Hinesville Assault & Battery Lawyer

In every criminal case, the prosecution faces the burden of proving that the defendant is guilty beyond a reasonable doubt. It is the defense attorney’s job to prevent the prosecution from meeting this burden. This can be accomplished by establishing an alibi, presenting contradictory evidence that disproves the evidence presented by the prosecution, offering a verified affirmative defense, or proving prosecutorial misconduct, rights violations, or due process violations.

When you choose Jarrett Maillet J.D., P.C., as your defense counsel, our team can carefully examine every detail of your arrest and booking as well as all the evidence surrounding the incident that led to the arrest and booking. Our firm excels at aggressive defense and always aims to have our client’s charges dropped if possible or their penalties reduced if necessary.

If you did commit an assault and/or battery of any kind, hope is not lost, and there is still potential for you to avoid the worst penalties that could be assigned in sentencing. An experienced Hinesville assault & battery lawyer can potentially help their client secure a plea deal under certain conditions. In some cases, prosecutors are willing to offer lighter sentences and/or dropped charges in exchange for defendants’ guilty pleas and swifter proceedings.

Do not make the mistake of thinking you can handle your defense on your own, even if you know you acted in self-defense or were wrongfully accused. The police will take anything you say out of context as much as possible, and this will work against you in dramatic ways. After arrest, exercise your right to remain silent until you are able to contact Jarrett Maillet J.D., P.C., and schedule your consultation with a Hinesville assault & battery lawyer.