DeKalb County Assault Lawyer

Assault comes in two different forms, misdemeanor assault and felony assault. With that said, both are treated very seriously and carry severe penalties involving fines and in some cases jail time as well. For this reason, having a DeKalb County assault attorney is essential in defending your rights and obtaining the best outcome for your case. To learn more or discuss the benefit of a defense attorney in DeKalb County, call and schedule a consultation today.

Elements of Assault

An assault only requires an apprehension of physical harm, meaning that the alleged victim only has to be in reasonable fear that they may be struck. This is a thin level of protection for people charged with assault because the perception of the alleged victim is paramount to be accused an convicted.

With this in mind, a DeKalb County assault lawyer will often need to challenge the reasonableness of this perceived harm from the victim’s point of view. With this in mind, it also becomes crucial to investigate the alleged victim and to understand his or her history, backstory and the facts and circumstances surrounding the event that gave rise to the charges for assault.

Types of Assault Crimes

Simple assault is the misdemeanor level of assault and typically involves domestic disputes between people who know each other.  Aggravated assault, however, may involve physical contact or brandishing a weapon. Aggravated assault is about serious bodily harm and a reasonable apprehension of serious bodily harm whether that be from physically touching, strangling, using a fist or a weapon such as a gun or a knife.  Aggravated assault is treated far more seriously than simple assault charges.

Assault Enforcement

Typically, an assault at the misdemeanor level will result in an arrest because the assault involves an actual physical altercation. However, an arrest can still occur even when only words are exchanged. DeKalb County law enforcement will many times make an arrest, even when a physical exchange has not occurred, in order to diffuse the situation and keep the incident from escalating. For these reasons, there is typically not an investigation after the initial incident report.

However, more serious cases, such as aggravated assault involving a handgun or an attempted murder generally will involve detective work and interviews of witnesses following the initial incident by DeKalb County law enforcement.

Georgia Assault Penalties

Simple assault is a misdemeanor and carries up to a 12-month sentence and up to a $1,000 fine. In most cases, an individual charged with simple assault will not face any additional jail time on top of time already served after the arrest. However, they could be sentenced to serve a full year in jail for each offense. Generally, a fine, community service, counseling, and an order to stay away from the alleged victim are the most common penalties for a simple assault.

Aggravated assault, on the other hand, can carry up to 20 years in prison as it is a serious felony. For this reason, it is imperative that you have an assault lawyer in DeKalb County to defend your aggravated assault case because the consequences are so great.

Benefit of An Attorney

An experienced DeKalb County assault lawyer has the knowledge and resources to build your defense. From the moment you make the initial call, an experienced lawyer will offer advice, and counsel you on obtaining the best possible result for your specific offense. To learn more or being discussing your case, call today.