A person can be charged with assault under several different sections in the State of Georgia Code. The two most common charges, however, are simple assault, which is a misdemeanor, and aggravated assault, which is a felony. Aggravated assault is often how attempted murder is charged in Georgia and is typically punished with prison time, probation, and counseling. In contrast, simple assault, with the help of a Gwinnett County assault lawyer, usually only involves probation and perhaps a counseling class. With that said it is still worthwhile to consult with an experienced defense attorney as they may be able to mitigate the damage further.
Assault is a very personal offense. To be charged with assault it is not enough that a person commits a harmful act, but that harmful act must also be recognized by the victim. For example, if you throw a rock at someone’s head, but they never see it and are never aware of it, it is not assault. If you throw a rock at someone’s head, they see it coming, duck, and it misses, it considered assault because it has put the person in apprehension of immediately receiving an injury.
Assault is a very personal crime. It is viewed as a crime of intent, meaning a person intends to cause harm to someone else. That is true for both simple assault and aggravated assault. Therefore these charges are considered to be very serious by the courts in Gwinnett County thereby warranting attention from an assault lawyer in Gwinnett County.
Unlike many other counties and states, Gwinnett County does not typically have what is sometimes called a catch-and-release program. For example, in certain states, a person can be charged with minor offenses such as solicitation for prostitution, possession of marijuana, shoplifting, and be ticketed and released by the police.
For most cases in Gwinnett County, however, the individual will actually be booked into the jail. Therefore, if a person is charged with a crime other than traffic offenses in Gwinnett County, they will most likely be booked into the Gwinnett County jail.
The most important aspect in defending a person charged with assault is to investigate the case and interview possible witnesses. Assault, unlike certain other types of crimes, is a specific intent crime, meaning in order to be found guilty it must be proven that the accused person intended to commit the assault. A person cannot commit assault by accident. It is not a strict liability offense which is why one of the most important things a Gwinnett County assault lawyer can do is attempt to prove there was no intent to commit the assault.
If a person is charged with either simple assault or aggravated assault, it is very important to have a Gwinnett County assault attorney who is experienced in the trial process. In order to take a case through to a jury trial successfully, the attorney must know how to interview witnesses, gather evidence, speak with a jury, and convince a jury to find the defendant not guilty. Many times attorneys learn these skills the hard way, which is by taking cases to trial as younger less experienced lawyers and not being successful. A good lawyer will learn from those mistakes and will become more experienced and more successful in front of a jury. Therefore if you are charged with a serious crime, find a local Gwinnett County assault attorney who is experienced with the jury process.