Being accused of a violent crime can immediately put your freedom, reputation, career, and relationships at risk. Even before a case reaches trial, an arrest may lead to time in custody, restrictive bond conditions, no-contact orders, firearm restrictions, and significant personal and professional consequences.
At Waid Law Firm, LLC, Marietta violent crimes defense attorney Addison Waid represents individuals facing serious misdemeanor and felony charges throughout Cobb County and the Atlanta metropolitan area. As a former prosecutor and Marine Corps veteran, Attorney Waid understands how the State investigates, charges, and prosecutes criminal cases and how to identify weaknesses that can be used in your defense.
Experience You Can Trust
Defense You Can Rely On
Experienced Counsel. Personal Attention. Powerful Defense.
Every violent crime case is different. Waid Law Firm carefully evaluates the evidence, the circumstances surrounding the alleged incident, witness accounts, police conduct, and the prosecution’s theory before developing a defense strategy tailored to the facts.
If you have been arrested or believe you are under investigation for a violent offense, early legal representation can be critical.
Call Waid Law Firm, LLC at 470-458-9866 for a free consultation with a violent crimes lawyer in Marietta.
Recent Google Review
Client Matt Finnazo writes: “Great firm to work with easy communication . Addison’s dedication gave me confidence that my interests were being protected. They were honest about expectations and worked hard to achieve an outstanding outcome.”
Violent Crime Charges We Defend in Marietta and Cobb County
Georgia law covers a broad range of offenses involving allegations of physical injury, attempted injury, threats, weapons, or the use of force. Depending on the charge and circumstances, a case may range from a misdemeanor to a felony carrying years or even decades of imprisonment.
Waid Law Firm represents clients facing violent crime allegations that may include:
- Simple assault
- Simple battery
- Aggravated assault
- Aggravated battery
- Domestic violence-related assault or battery
- Armed robbery
- Robbery
- Murder and felony murder
- Voluntary and involuntary manslaughter
- Kidnapping
- Firearm-related offenses connected to an alleged violent crime
- Other crimes against the person
The exact charge matters. Small differences in the alleged conduct, injuries, weapons involved, relationship between the parties, and defendant’s intent can significantly change the potential penalties and available defense strategies.
Assault and Aggravated Assault Charges in Georgia
Georgia distinguishes between several types of assault and battery offenses.
Under O.C.G.A. § 16-5-20, simple assault can involve attempting to violently injure another person or taking an action that places someone in reasonable fear of immediately receiving a violent injury.
An allegation can become much more serious when prosecutors pursue aggravated assault under O.C.G.A. § 16-5-21. Aggravated assault may involve allegations that someone assaulted another person:
- With the intent to murder, rape, or rob;
- With a deadly weapon or an object capable of causing serious bodily injury;
- Through strangulation; or
- In certain circumstances involving the discharge of a firearm from or immediately after exiting a motor vehicle.
A standard aggravated assault conviction can carry one to 20 years in prison, while enhanced penalties may apply depending on the alleged victim, use of a firearm, family relationship, or other circumstances.
Because these cases can depend heavily on how an encounter occurred, the prosecution’s version of events should never simply be accepted without scrutiny.
Murder and Manslaughter Defense
Few criminal allegations carry higher stakes than a homicide charge.
Georgia recognizes different homicide offenses, and determining the appropriate charge may depend heavily on intent, provocation, circumstances, and the evidence surrounding the death.
For example, voluntary manslaughter may apply when a person causes another’s death under circumstances that would otherwise constitute murder but acts because of a sudden, violent, and irresistible passion resulting from legally sufficient provocation. A conviction can result in one to 20 years of imprisonment.
Murder, felony murder, and other homicide cases can involve substantially greater penalties.
In these cases, the defense may require a detailed examination of forensic evidence, medical findings, witness statements, digital evidence, surveillance footage, firearms evidence, self-defense issues, and the events immediately before and after the alleged incident.
Armed Robbery and Other Serious Violent Felonies
Armed robbery is another exceptionally serious Georgia felony.
Under O.C.G.A. § 16-8-41, armed robbery generally involves taking property from another person or their immediate presence through the use of an offensive weapon or an object that appears to be such a weapon.
A conviction can carry a lengthy prison sentence.
Georgia also designates certain offenses as “serious violent felonies” under O.C.G.A. § 17-10-6.1. These include:
- Murder or felony murder
- Armed robbery
- Kidnapping
- Rape
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
These offenses are subject to particularly severe sentencing provisions, including mandatory minimum sentences in certain cases. They can also limit sentencing alternatives that might otherwise be available to a defendant.
For someone facing one of these charges, the defense must begin with a careful understanding of precisely what the prosecution must prove.
How Waid Law Firm Builds a Violent Crime Defense
A violent crime allegation does not automatically mean the prosecution can prove the charge beyond a reasonable doubt.
Attorney Waid examines the evidence from multiple angles to determine where the State’s case may be challenged.
Depending on the circumstances, a defense may involve:
Self-Defense or Defense of Another Person
The fact that someone was injured does not necessarily mean a crime occurred. Georgia law recognizes circumstances in which force may be legally justified to protect yourself or another person from an imminent threat.
The details surrounding who initiated the encounter, the perceived threat, and the amount of force used can become central issues.
Mistaken Identity
Violent incidents can happen quickly and under stressful circumstances. Witnesses may have only seconds to observe the people involved. Poor lighting, distance, confusion, intoxication, conflicting descriptions, and suggestive identification procedures can all affect reliability.
Inconsistent or Unreliable Witness Statements
A witness may change their story, contradict physical evidence, omit important information, or have reasons to exaggerate what occurred. Comparing statements against body-camera footage, recordings, text messages, photographs, surveillance video, and other evidence can reveal inconsistencies.
Lack of Criminal Intent
Intent is an important element of many violent offenses. Evidence that an injury was accidental, that the defendant did not possess the required intent, or that the prosecution has mischaracterized what happened may affect the appropriate charge.
Constitutional Violations
Police must follow constitutional rules when conducting searches, seizures, interrogations, and arrests. When evidence is obtained unlawfully, the defense may be able to challenge its admissibility through pretrial motions.
Insufficient Evidence
The State bears the burden of proving every required element beyond a reasonable doubt. Suspicion, assumptions, or an accusation alone are not enough to establish guilt.
Reduced or Lesser Charges
Even when the prosecution has evidence of an altercation, the evidence may not establish the more serious offense originally charged. Depending on the facts, an aggravated allegation may be challenged in favor of a lesser charge or another resolution.
Why Having a Former Prosecutor Can Matter
Understanding how prosecutors evaluate a case can be valuable when building a defense.
Before representing criminal defendants, Attorney Addison Waid worked as a prosecutor. That background gives him insight into how the government may assess witness testimony, prepare evidence, approach negotiations, and develop a case for trial.
At Waid Law Firm, clients also work directly with Attorney Waid. The firm emphasizes personalized representation rather than passing a client’s case from one person to another.
A strong defense may involve much more than appearing in court. It can require examining reports and recordings, interviewing witnesses, evaluating physical evidence, filing motions, challenging testimony, negotiating with prosecutors, preparing for hearings, and being ready to take a case to trial when necessary.
What Happens After a Violent Crime Arrest in Cobb County?
The period immediately following an arrest can significantly affect the direction of a case.
Depending on the charges, the process may involve:
- A first appearance;
- A bond hearing;
- A preliminary or probable cause hearing;
- Investigation and evidence collection;
- Grand jury proceedings or formal charging;
- Arraignment;
- Discovery;
- Pretrial motions and evidentiary hearings;
- Plea negotiations; and
- Trial.
Felony cases in Cobb County generally proceed through Cobb County Superior Court, while other courts may handle preliminary proceedings and misdemeanor matters.
Getting a defense lawyer involved early creates an opportunity to preserve evidence, evaluate the allegations, address bond issues, and begin preparing for what comes next rather than waiting for the prosecution’s case to develop unchecked.
Violent Crimes We Defend
Domestic Violence
In Georgia, cases involving domestic violence are known as the offense of family violence battery. Georgia Code 16-5-23.1 defines this offense as follows: If the offense of battery is committed between household members, it shall constitute the offense of family violence battery.
The law defines the term “household member” as follows: Past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household.
Sentencing Range:
- The first conviction is a misdemeanor and carries a sentence of up to 12 months in jail, a $1,000 fine, or both.
- A second or subsequent conviction against the same or another victim is a felony that is subject to imprisonment for not less than 1-5 years.
- A special section in the statutes provides that if the defendant has previously been convicted of a forcible felony, then a conviction of family violence battery is a felony that is subject to imprisonment for not less than 1-5 years.
Assault & Aggravated Assault
Simple Assault
Georgia Code 16-5-20 provides that a person commits the crime of simple assault when the person either:
- Attempts to commit a violent injury to the person of another; or
- Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.
Sentencing Range: Except in unique circumstances where it is punishable as a misdemeanor of a high and aggravated nature, the crime of simple assault is a misdemeanor and carries a sentence of up to 12 months in jail, a $1,000 fine, or both.
Aggravated Assault
In all cases, aggravated assault is a felony offense. Georgia Code 16-5-21 provides that a person commits the crime of aggravated assault when he or she assaults:
- With intent to murder, to rape, or to rob;
- With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Sentencing Range: The crime of aggravated assault shall be punished by imprisonment for a term of not less than 1 year nor more than 20 years. In rare cases, the sentencing range may exceed 20 years.
Simple Battery, Battery, and Aggravated Battery
A person unfamiliar with the criminal justice system may assume that the crime of battery only applies when individuals get into a physical altercation. However, legally speaking, the definition is much broader than most people realize, with each crime classified in different ways and carrying its own separate consequences.
Simple Battery
Georgia Code 16-5-23 provides that a person commits the crime of simple battery when that person either:
- Intentionally makes contact of an insulting or provoking nature with the person of another; or
- Intentionally causes physical harm to another.
Sentencing Range: Except in unique circumstances where it is punishable as a misdemeanor of a high and aggravated nature, the crime of simple assault is a misdemeanor and carries a sentence of up to 12 months in jail, a $1,000 fine, or both.
Battery
Georgia Code 16-5-23.1 (a) provides that a person commits the crime of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.
Sentencing Range:
A first conviction is a misdemeanor and carries a possible sentence of up to 12 months in jail, a $1,000 fine, or both. A second conviction is a misdemeanor and carries a possible sentence of imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000, or both.
If a person is convicted for a third time of battery against the same victim, they shall be guilty of a felony and shall be punished by imprisonment for a term of not less than 1 year nor more than 5 years.
Aggravated Battery
In all cases, aggravated battery is a felony offense. Georgia Code 16-5-24 provides that a person commits the crime of aggravated battery when he or she maliciously causes bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring his or her body or a member thereof.
Sentencing Range: The crime of aggravated battery shall be punished by imprisonment for a term of not less than 1 year nor more than 20 years. In rare cases, the sentencing range may exceed 20 years.
Robbery & Armed Robbery
Robbery
In all cases, robbery is a felony offense. Georgia Code 16-8-40 provides that the crime of robbery occurs when, with intent to commit theft, a person takes property of another from the person or the immediate presence of another:
- By use of force;
- By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
- By sudden snatching.
Sentencing Range: A person convicted of the offense of robbery shall be punished by imprisonment for a term of not less than 1 year nor more than 20 years.
Armed Robbery
In all cases, armed robbery is a felony offense. Georgia Code 16-8-41 provides that a person commits the offense of armed robbery when, with intent to commit theft, he or she takes property of another from the person or the immediate presence of another by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon. The offense of robbery by intimidation shall be a lesser-included offense of armed robbery.
Sentencing Range: A person convicted of the offense of armed robbery shall be punished by imprisonment for life without the possibility of parole, or by imprisonment for life, or by imprisonment for a term of not less than 10 nor more than 20 years.
It is critical to keep in mind that the offense of armed robbery is categorized as a serious violent felony in Georgia. Consequently, you are not eligible to be sentenced as a First Offender under Georgia Code 42-8-60. In addition, if convicted of armed robbery, you must serve a mandatory minimum of 10 years in prison, and that sentence cannot be reduced by parole.
Manslaughter & Homicide
Under Georgia law, the crime of manslaughter can be charged in one of two ways: voluntary manslaughter and involuntary manslaughter.
Voluntary Manslaughter
In all cases, voluntary manslaughter is a felony offense. Georgia Code 16-5-2 provides that a person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
Sentencing Range: A person who commits the offense of voluntary manslaughter shall be punished by imprisonment for not less than 1 nor more than 20 years in prison.
Involuntary Manslaughter
Georgia Code 16-5-3 provides that a person commits the offense of involuntary manslaughter when he:
- In the commission of an unlawful act, causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony; or (Felony)
- In the commission of a lawful act in an unlawful manner, causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. (Misdemeanor)
Sentencing Range: In subsection 1, it is a felony that carries a sentence of not less than 1 year nor more than 10 years in prison. In subsection 2, it is a misdemeanor that carries a term of imprisonment of up to 12 months, a fine of $1,000, or both.
Malice Murder
Georgia Code 16-5-1(a) states that a person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Simply put, the legal elements for the crime of murder in the state of Georgia are:
- Unlawfully
- Causing the death of another human being
- With malice aforethought.
Express malice is the deliberate intention to unlawfully take the life of another human being, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
Sentencing Ranges:
A person convicted of the offense of malice murder shall be punished by death, by imprisonment for life without the possibility of parole, or by imprisonment for life.
Felony Murder
Georgia Code 16-5-1(c) provides that a person commits the offense of felony murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.
Sentencing Ranges:
A person convicted of the offense of felony murder shall be punished by imprisonment for life without the possibility of parole, or by imprisonment for life.
Murder in the Second Degree
Georgia Code 16-5-1(c) provides that a person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
Sentencing Ranges:
A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.
Violent crimes are some of the most aggressively prosecuted offenses in Georgia. They carry long prison sentences, steep fines, and permanent felony records that can take your freedom and destroy your reputation and future opportunities. At the Waid Law Firm, we provide relentless defense to clients facing charges ranging from assault to homicide.
Attorney Addison Waid is a former prosecutor with extensive experience defending violent crime cases throughout Cobb County, Fulton County, and the metro Atlanta area. He knows the system and how to fight for your future.
Speak With a Marietta Violent Crimes Defense Lawyer
An accusation of violence can change the course of your life, but an accusation is not a conviction.
If you have been arrested for assault, aggravated assault, armed robbery, homicide, or another violent offense in Marietta or elsewhere in Cobb County, speak with an attorney before making decisions that could affect your defense.
Waid Law Firm represents individuals facing criminal charges in Marietta, Cobb County, Fulton County, and communities throughout the Atlanta metropolitan area.
Contact Waid Law Firm today at 470-458-9866 for a free consultation and learn how Attorney Addison Waid can begin protecting your rights, your freedom, and your future.
