Marietta Assault & Battery Lawyer
People commonly refer to the offense of assault and battery as one crime. However, they are actually two separate offenses. While assault and battery are often committed at the same time, separate charges can be laid for each. Below, our Marietta assault & battery lawyer explains further.
What is Assault?
Georgia law defines assault as acting in any manner that causes another person to feel reasonably threatened that they will suffer violent harm. Assault can also occur when one person tries to physically hurt another person. Assault does not require for someone to become hurt or for physical violence to actually occur. For example, if you threatened someone else that you were going to break their arm, that would constitute assault.
What is Battery?
Battery occurs when a person suffers bodily harm due to another person’s intentional and physical actions. You cannot commit battery by mistake or by accident. Battery often occurs after assault. For example, if you told someone you were going to break their arm and invaded their personal space, that is assault. If you followed through with the threat, that is battery.
What is Aggravated Assault?
When an alleged crime involves circumstances that are more serious, a charge of simple assault may be upgraded to aggravated assault. These circumstances can include:
- A deadly weapon was used or present
- There was intent to cause more harm such as robbery, rape, or murder
- A firearm was fired from inside a vehicle but was directed outward
- The victim was over 65 years old
- The victim was pregnant at the time of the offense
Charges of aggravated assault are much more serious than simple assault. It is critical to work with a defense lawyer who can help you avoid a conviction or prevent your charges from being upgraded.
What is Aggravated Battery?
Simple battery is usually upgraded to aggravated battery when the injuries caused are serious. If the victim suffered paralysis, broken bones, a traumatic brain injury, or an amputation of limbs, the charge will be upgraded to aggravated battery.
Possible Defenses to Assault and Battery
Due to the fact that you cannot commit assault or battery by mistake, you may think the situation is hopeless if you are charged. Fortunately, that is not true. There are many defenses to these charges and they include:
- You had no intention of hurting anyone
- You had consent to behave in that manner
- There was no physical contact
- You were defending other people or property
Our Assault and Battery Lawyer in Marietta Can Provide the Defense You Need
If you are facing charges of assault or battery, the situation is very serious. At the law firm of Andrew L. Schwartz, P.C., our Marietta assault and battery lawyer can advise on your case and determine which defense strategy is best for you. Call us now at (678) 853-2500 or fill out our online form to schedule a free case review with our experienced attorney and to learn more about how we can help.