Marietta Assault Lawyer

An assault charge can carry serious consequences, including jail time, fines, and a permanent criminal record that may affect your employment, housing, and future opportunities. Hiring a Marietta assault attorney can make a significant difference in the outcome of your case,

Waid Law Firm, LLC represents clients who have been charged with assault in Fulton and Cobb Counties. Addison Waid is a Marine Corps veteran who has a deep commitment to justice and protecting the legal rights of the accused. He is a former prosecutor who will leave no stone unturned in your pursuit of the best possible outcome in your case. No matter what your case involves, you will be getting a determined attorney when you hire Addison to represent you.

Waid Law Firm, LLC is located at 399 Washington Ave NE, Marietta, GA 30060. Schedule a free initial consultation with Addison Waid by calling us today at 470-458-9866.

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Client Alexis Carson writes: “Hired Addison Waid as a lawyer and he was certainly a great one!! Addison was a very thorough and understanding lawyer who wants the best outcome for you, I would recommend him to anyone who is looking for a lawyer in the future!!”

What Is Simple Assault Under Georgia Law?

Simple assault is charged as a misdemeanor, and it can occur in the following circumstances:

• There was an attempt to commit a violent injury to another person. In other words, you may be charged with simple assault if you threw a punch at someone else, even if there was no actual contact made. The same thing goes if you are alleged to have thrown an object at someone else, and it missed.
• One committed an act which placed another person in reasonable fear of receiving a violent injury. Here, the question revolves more about what the alleged victim’s state of mind was rather than what you intended. All that needs to be shown is that there was the intent to commit an act that placed someone else in fear. For example, if you lunge towards someone else, but stop before making contact, or you brandish a dangerous object, that may objectively place someone else in fear of a violent injury.

A conviction for simple assault can result in a jail sentence of up to one year and a fine of up to $1,000. Alternatively, you may be sentenced to probation or a combination of Probation and prison time.

There are circumstances in which a simple assault charge can be elevated based on where it allegedly happened or against whom it occurred. For example, an assault that occurs on public transit or one against a family member is a misdemeanor of a high and aggravated nature. There is the same potential jail sentence as a simple assault case, but there is the potential of a fine of up to $5,000.

Aggravated Assault Under Georgia Law

Aggravated assault is a much more serious crime, and it is charged as a felony under Georgia law. Aggravated assault begins with the elements of simple assault, meaning that there was an attempt to commit a violent injury, or someone else was placed in reasonable fear of receiving one. The additional factor is either the commission of assault during the course of an attempt to commit a more serious crime or the use of certain weapons.

A simple assault charge can be upgraded to one for aggravated assault when one of the following is present:

• An assault executed with the specific intent to murder, rape, or rob the victim
• The use of a deadly weapon or one that has the potential to cause serious bodily injury
• An assault that involves an attempt to choke or strangulate the victim
• A drive-by shooting aimed at another person

Aggravated assault is punishable by a jail sentence between 1 to 20 years, and a fine of up to $100,000. There are mandatory minimum sentences that apply when the assault occurs against certain individuals.

What Is the Difference Between Assault and Battery?

Many people confuse assault with battery, which is a distinct criminal defense under Georgia law. assault focuses more on the attempt to commit harm or instill fear in another person of imminent harm. Battery deals with instances in which there is actual physical contact with the person of another, regardless of whether it causes substantial bodily harm. It is possible that the facts in a case could lead to charges for both assault and battery.

Defenses to Assault Charges

Although you maintain the right to negotiate a potential plea bargain with the prosecutor, there is nothing that says that you need to plead guilty when you have been charged with assault. Your Marietta criminal defense lawyer may use one or more of the following defenses:

• The victim was not reasonably placed in fear by your actions.
• You were acting in self-defense, defense of others, or in defense of your own property.
• You did not have the intent to commit the act that would be considered assault, such as in a chaotic struggle.
• You were the victim of mistaken identity.

Contact a Marietta Assault Law Firm

If you’ve been arrested for assault in Marietta, the decisions you make right now can shape the rest of your case. Addison Waid has the criminal defense experience to protect your rights, challenge the evidence against you, and fight for the best possible outcome. Contact Waid Law Firm, LLC today by calling us at 470-458-9866 or by messaging us online to discuss your case during a free initial consultation.