Assault Charge Defenses in Fulton County

Fulton County assault comes in two variations: misdemeanor assault and felony assault which are also commonly referred to as simple assault and aggravated assault respectively. 

Simple assault is a misdemeanor crime and is punishable by up to 12 months in jail and a $1,000 fine, while the penalties for aggravated assault are significantly higher and can carry up to 20 years in prison if convicted. With this in mind, it is important to consult with an experienced assault attorney in Fulton County who can look at the facts and circumstances of the case and assist in building a strong defense.

Challenging the Prosecution’s Case

Assault cases are often based on mere oral testimony from the witnesses, the alleged victim, and the accused. Therefore, when an attorney is able to come into a case from a very early point, investigate it, and interview witnesses through the use of their own investigator, it becomes easier to construct their own viewpoint of how a particular alleged assault went down. Having early access to the freshest memories of witnesses allows the defense with the best possibility to build a strong defense, which is why it is so important to contact a lawyer as soon as possible even, in some cases, before being charged.

Other Types of Evidence An Attorney May Challenge

Generally, physical evidence in assault cases is limited. Aggravated assault cases may involve physical injury to an alleged victim or the defendant, but most evidence comes in the form of memory, specifically the memory of witnesses, people who observed events or heard conversations that occurred during the sequence of events that led to the alleged assault charge. It is important to interview these people that may or may not have seen something, despite what a police report says to build a defense and a point of view about the client’s case.

Witness testimony is one of the easiest and most important things to attack in an assault case, because memories have a tendency to change and evolve over time. They can fade or even be incorrect from the beginning. Therefore, it is important for the defense attorney to have as much information as possible about the witness or witnesses in a case to consider the credibility and the truthfulness of their testimony when facing the witness during a trial.

Importance of An Attorney

An assault lawyer will know how to coordinate and walk you through your case beginning with the first phone call all the way through to the trial. An experienced lawyer will also know the courtroom, the judges, and the prosecutors that an individual is facing in your case and how the chips are likely to fall as the case evolves. With these things in mind it is important to inquire when you are hiring attorneys as to how often they practice in the particular jurisdiction in which you are facing charges.