Assault Defense Attorney Protects Clients’ Rights in Marietta, GA
Bringing 40 years of experience to every criminal defense case
Whenever tempers flare, there is the possibility of a fight ensuing. Usually, talk is just plain talk. But some verbal arguments don’t end with both parties walking away cleanly. Even if nobody was hurt, the other party could still file criminal charges for assault. Even simple assault charges must be taken seriously and defended by an experienced attorney who can challenge the case against you. At the Law Offices of Melvin S. Nash, we have the skill, experience, and determination to fight for your rights and freedom when you face assault charges.
What is assault?
Assault and battery are terms often used together or interchangeably, but the two crimes are actually quite different. Assault is defined by Georgia legal code 16-5-20 as the threat of or attempted harm of another person. In our state, there is no actual physical assault or intention to commit harm required to qualify as assault. In other words, if you were to threaten others with a gun, even without intending to fire it, you would have committed assault in the eyes of the law. Battery, on the other hand, involves actual physical contact and potential harm. Our firm provides skilled legal defense when you face assault charges.
Two types of assault
Georgia criminal law defines two types of assault with very different penalty structures.
Simple assault is a misdemeanor, and it can involve —
- An attempt to violently injure another person
- An act or threat that makes another person fear immediate violent injury
Details of the conditions surrounding the assault and information about the victim may affect the severity of the punishment you would receive if convicted. If the alleged assault occurred near a school or involved a minor or an elderly person, the court’s response may be harsher than assault between two adults on private property. Penalties for simple assault include fines, up to one year in jail, and probation.
Aggravated assault is a far more serious crime. An aggravated assault is an attempt, act, or threat involving any of the following aggravating factors:
- Intent to murder, rape, or rob with aid of a weapon
- Perpetration against a senior citizen (65 years or older)
- Perpetration against a police officer
In 2014, Georgia lawmakers added strangulation to the aggravated assault qualification.
Conviction for aggravated assault can incur a prison sentence of from one year to 20 years as well as fines, parole and probation, and restitution. If an aggravated assault results in death, you could be subject to the even more serious penalties for homicide.
Since aggravated assault often involves a deadly weapon, it is common to be charged with a gun or weapons crime along with the assault. Our lawyers know how to protect your rights and fight for your freedom in these cases.
Upholding your rights and protecting your criminal record
An aggravated assault or simple assault conviction on your record can deprive you of opportunities you deserve. A criminal record is permanent.
The best way to keep your record clean is to hire a competent, professional criminal defense lawyer with experience on both sides of the aisle in Marietta and metro Atlanta. Our law firm is prepared to stand by you through the entire legal process, from interviews by the police through negotiation and criminal trial, if necessary, and through any parole and probation proceedings that may follow.
Contact a knowledgeable, reputable assault defense attorney serving Marietta and metro Atlanta
Your liberty, your future employability, and many other privileges are on the line when you are accused of assault. For a fierce advocate in the face of your assault charges, call the Law Offices of Melvin S. Nash at 470.655.2839 or contact our office online to schedule a free consultation. We have six locations throughout metro Atlanta to serve your needs.