Cobb County Assault & Battery Lawyer
DUIs, drug possession, and most other criminal cases are single-witness cases. The arresting officer saw the whole thing, so the arresting officer is the only fact witness. Assault and battery is usually different. Generally, officers make these arrests after they respond to disturbance calls. Since they did not see the assault, the alleged victim must testify as to the facts to the assault. Lay witnesses, who have usually never testified in court before, are much easier to undermine than police witnesses, who usually receive special instruction in this area.
Some lawyers go too far. They go after lay witnesses hard and humiliate them. That tactic often angers jurors and turns them against the defendant. An experienced Cobb County assault & battery lawyer, such as Andrew Schwartz, knows how to undermine these witnesses without humiliating them. For example, inexperienced lawyers may accuse alleged victims of fabricating the allegations. But an experienced lawyer merely suggests that possibility. Such controlled aggression usually produces positive results.
Types of Assault
Drug possession, which was mentioned above, could be a misdemeanor or felony, mostly depending on the type and amount of substance. Likewise, assault & battery could be a misdemeanor or felony, mostly depending on the facts of the case.
In fact, ABC (assault by contact), the lowest level of assault, is not technically a misdemeanor. Instead, this offense is essentially a traffic ticket. ABC is a harmful or offensive touch. There is no injury requirement.
Prosecutors might press ABC charges if the defendant shoved someone while line-jumping. More frequently, a Cobb County assault & battery lawyer convinces prosecutors to reduce more serious assault charges to ABC, because the evidence is weak.
Ordinary assault is the next step up. This offense requires bodily injury. A red mark is sufficient. However, the more serious the injury, the easier it is for the state to prove intent.
The alleged victim’s intent is often the best defense to these charges. Many alleged victims call the police not because they need protection, but because they want the defendant to get in trouble. Furthermore, in a domestic assault case, if the parties are involved in a family law dispute, the alleged victim’s motives are questionable.
Aggravated assault is the next, and usually final, step up. In rare cases, prosecutors could elevate AA charges to attempted murder charges.
AA usually hinges on the alleged victim’s status or the extent of injury. Assaulting police officers as they carry out their official duties is AA. If the officer was moonlighting as a security guard, that usually doesn’t count. Extent of injury cases often lack medical proof. Frequently, these alleged victims go to emergency rooms, get tired of waiting, and go home.
Special Rules in Domestic Battery Cases
Mandatory jail time and an accompanying protective order might be the two salient features of a domestic battery arrest.
Officers must investigate these assaults, determine who started it, and immediately take that person to jail. Usually, the defendant must stay in jail for at least twenty-four hours before bail is a possibility.
Also at the scene, officers must usually inform alleged victims of their right to obtain protective orders. These orders often include keep-away provisions and kick-out provisions, even if the two parties share a dwelling and the defendant pays the rent or mortgage.
Then, special domestic violence courts usually handle these matters, especially in Cobb County and other larger jurisdictions. So, defendants can expect harsher-than-normal punishment.
Connect With a Thorough Cobb County Lawyer
Criminal cases have procedural and substantive defenses. For a free consultation with an experienced assault & battery defense lawyer in Cobb County, contact Andrew L. Schwartz, P.C. Convenient payment plans are available.