We Defend Assault and Battery Charges in Pooler
At Jarrett Maillet J.D., P.C., our Pooler assault and battery defense attorney is standing by, ready to protect your rights and your interests. As a law firm devoted to professionalism, trustworthiness, and a future focus, our attorney is ready to protect your rights. If you or your loved one was arrested and charged with assault and battery in Chatham County, we can help. Contact us today for a fully private consultation with a top Pooler criminal defense lawyer.
Assault and Battery are Two Separate Offenses in Georgia
Georgia law separates assault and battery into distinct offenses. While you could be charged with both offenses, you could also be charged with only one. Simple assault under O.C.G.A. § 16-5-20 occurs when a person attempts to commit a violent injury to another or commits an act that places another person in reasonable apprehension of immediately receiving a violent injury. Simple battery, defined by O.C.G.A. § 16-5-23, occurs when a person intentionally makes physical contact of an insulting or provoking nature with another or intentionally causes physical harm. If you are facing charges in Chatham County, you need a top-tier Pooler defense attorney on your side.
An Overview of the Penalties for Assault and Battery in Georgia
Simple assault and simple battery are generally prosecuted as misdemeanors in Georgia. A conviction may result in a sentence of up to 12 months in jail, a fine of up to $1,000, or both. With that being said, Georgia law does allow for enhanced penalties when the offense involves certain protected victims, including family members, law enforcement officers, or individuals over a specified age. In those circumstances, prosecutors may pursue a misdemeanor of a high and aggravated nature or other enhanced classifications.
How Our Pooler Criminal Defense Lawyer Can Help
Assault and battery cases in Georgia are complicated. If you are facing such a charge, it is normal to be stressed out, frustrated, and even overwhelmed. A proactive approach is the best approach. Our founder and lead attorney, Jarrett Maillet, is more than ready to help. When you connect with us, you will have a chance to speak to a Pooler criminal defense attorney who can:
- Hear your story and answer your legal questions;
- Investigate the assault and battery charges;
- Represent you before the police and prosecutions; and
- Develop a personalized strategy focused on securing the best outcome.
Assault and Battery Charges in Georgia: Frequently Asked Questions (FAQs)
Is assault and battery one criminal charge in Georgia?
No. Assault and battery are two separate, distinct criminal charges under Georgia law. A person who is arrested could be charged with assault, battery, or both offenses. These charges have their own legal elements that prosecutors need to establish to obtain a conviction. The big difference is that assault focuses on the threat or attempt, while battery requires physical contact.
Can an assault charge be filed even if no one was physically injured?
Yes. A physical injury is not required by law for a simple assault charge in Georgia. The statute applies when a person attempts to cause harm or places another person in reasonable fear of immediate violent injury. Still, the victim’s injury, or lack thereof, is relevant. A more serious aggravated assault offense could be charged if the victim suffered a serious injury.
Can assault or battery be charged as a felony in Georgia?
Yes. More serious conduct may result in felony charges such as aggravated assault (O.C.G.A. § 16-5-21) or aggravated battery (O.C.G.A. § 16-5-24). Aggravated assault generally involves the use of a deadly weapon or conduct likely to cause serious bodily injury. Aggravated battery occurs when a person maliciously causes serious bodily harm, such as disfigurement or the loss of a bodily member. Facing an aggravated battery charge in Chatham County? Contact a Pooler defense lawyer right away.
Can I be charged if the alleged victim does not want to press charges?
Yes. In Georgia, criminal cases are prosecuted by the State, not the alleged victim. A prosecutor may continue pursuing assault or battery charges even if the alleged victim later asks that the case be dropped. The victim’s preferences are relevant, but they are not the sole deciding factor.
Contact Our Pooler Assault and Battery Defense Attorney Today
At Jarrett Maillet J.D., P.C., our Pooler assault and battery defense lawyer is standing by, ready to protect your rights, your freedom, and your future. Contact us today to set up a strictly private, no obligation case review. We defend assault and battery charges in Pooler, Chatham County, and throughout the broader region in Georgia.
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What A Criminal Defense Attorney Will Do For You
A lawyer may be contacted directly or a court may appoint a private lawyer.
The lawyer will gather as many details about the case to learn about possible defenses, strengths, and weaknesses.
The lawyer will typically question the police, speak with witnesses, and gather information used to build a strong defense.
The lawyer must study the facts and theories of the case carefully.
A lawyer will communicate often with their client, ensuring confidentiality, to provide information about the case so that they understand the possible consequences.
A lawyer is involved in the jury selection process. This means he or she may have jurors removed if they believe they may be biased against the defendant.
A lawyer is responsible for negotiating with the prosecutor regarding any plea bargain. He or she may be able to secure a favorable deal for the defendant, which results in a reduction of charges.
A lawyer examines witnesses, cross-examines the state’s witnesses, and tries to convince the jury that the prosecution failed to find the burden of proof.
If the criminal defendant is sentenced for the crime, a criminal defense lawyer can still represent the defendant during the sentencing phase. He or she may try to convince the judge or jury to limit the amount of time that the defendant serves and discuss alternatives to incarceration.