The crime of assault is widely understood to involve the threat of physical harm. However, there are several types of assault that carry their own legal repercussions and social implications.
The Georgia Penal Code outlines two different types of assault: simple and aggravated. Each type of assault has its own set of circumstances that lead to a separate charge with its own set of penalties.
If you have been arrested for assault in New York and believe you have been wrongly accused, it’s important to speak with an experienced criminal defense attorney as soon as possible. Each case is different and requires a unique defense strategy.
An attorney can help assess the strength of the prosecution’s case against you and identify any gaps in their evidence or potential defenses that can be used to your advantage. They can also advise on whether you should submit to or refuse bail, file pre-trial motions such as deprioritization or discovery, negotiate a plea bargain with the prosecution, or proceed to trial if you feel confident in your innocence and ability to defend yourself.
Simple Assault
The law states that there are two kinds of assault charges: simple and aggravated. A simple assault is a misdemeanor in Georgia. It is when you convey violence or coerce someone through violence, but you do not physically touch them. It comes with up to $1,000 in fines and one year in jail.
Having a simple assault charge on your record can cause serious problems in your life, both personally and professionally. In addition to a permanent criminal record, a simple assault charge could tarnish your career, housing, and academic opportunities. With the help of a good New York simple assault attorney, you can defend yourself from these serious charges.
Examples of Simple Assault
Simple assault is a less serious type of assault that involves minor injuries. It is typically charged as a misdemeanor rather than a felony. For example, if someone gets into a fistfight and no one is seriously hurt, the assailant may be charged with simple assault. Simple assault can also be charged when someone makes an unlawful threat of violence against another person.
Aggravated Assault
Unlike simple assault, aggravated assault is a crime that involves serious bodily injury to another person. It is a felony that can be punishable by up to 20 years in prison. Typically, aggravated assault involves the use of a deadly weapon, such as a gun or knife. But it may also involve assaulting someone with a dangerous object such as pepper spray, bricks, or tire irons. The penalties for aggravated assault depend on the degree of the assault and the injury the victim suffered.
Examples of Aggravated Assault
Aggravated assault is a serious crime that involves striking a person with the intent to commit a more serious crime. This can include using a weapon, causing serious injury, or making threats of violence. Aggravated assault is punishable as a felony by law and can result in severe penalties, including jail time.
Possible Defenses for Assault Charges
There are a number of defenses that an experienced Savannah assault lawyer can use to help you beat the charges. You may be able to argue that you were acting in self-defense or that the other person initiated the contact or threatened you. If a weapon was used, you may have been tackled, tackled someone else, or resisted arrest. In some cases of aggravated assault, it may not have been your intention to hurt another person, and you may even want to take responsibility for your own actions.
Difference Between Assault and Battery
The terms assault and battery are often used interchangeably, but they actually refer to two different things. Assault is when someone tries to physically harm you, but doesn’t make contact. Battery is when someone does make physical contact with you in a way that hurts you.
Both assault and battery are criminal offenses. The main difference between the two is the type of assault. If someone makes an attempt to physically harm you, that’s considered an assault. If they follow through and actually make contact, then it’s considered a battery.
The application of force is what separates assault from battery. For example, if someone swings at you and misses, that’s assault. If they swing at you and hit you, that’s battery. The same goes for if someone points a gun at you—that’s an assault. But if they pull the trigger and shoot you, that’s a battery.
In order for an assault to take place, there doesn’t need to be any actual force or violence used—just the threat of it. But for a battery to occur, some type of force or violence must be involved.
Contact a Savannah Criminal Defense Attorney Today
There are a number of ways you can get yourself out of trouble for simple assault charges in Savannah. By speaking with a qualified criminal defense lawyer as soon as possible, you can gain an advantage over your case and make sure that the jury is convinced that there is not enough evidence to support the charges against you.
If you believe that you have been wrongly accused or arrested for assault, act quickly to protect your rights and avoid any unnecessary charges. Your criminal defense attorney can help. If you face assault charges in Savannah, Georgia, Phillips Carson Phillips can assist with your case. Schedule a consultation by calling (912) 232-0081 or using our online contact form.