Assault & Battery Lawyer in Marietta

Understanding the Differences Between Assault and Battery

Assault and battery are serious offenses in the state of Georgia. What many people do not realize is that assault and battery are two separate offenses that are not always committed together. Assault occurs when a person attempts to inflict harm on a person, but does not succeed. Examples of assault include threats, intimidation and harassing gestures. When a person intentionally inflicts bodily harm on a person, it is considered battery.

Depending on the circumstances involved, a defendant can also be prosecuted with different types of assault or battery charges. These charges usually arise when there are aggravating circumstances involved. They also pose heightened penalties. Some examples include:

Simple Assault and Aggravated Assault

Any attempt or threat to commit a violent injury upon another person can result in a simple assault charge. Simple assault is a misdemeanor offense. Aggravated assault is a heightened charge that can be prosecuted when an assault is committed with the intent to murder, rape or rob; the use of a deadly weapon; or when a firearm is discharged from within a vehicle. A felony offense, aggravated assault is punishable by up to 20 years in prison.

Simple Battery and Aggravated Battery

Simple battery is a misdemeanor offense that involves physical contact of an insulting or provoking nature or intentional harm to another. Aggravated battery involves malicious and substantial bodily harm to another person and is punishable by imprisonment of up to 20 years.

Anyone who has been charged with assault or battery should be aware that there are a number of circumstances that can elevate the potential penalties you face and result in longer minimum terms of imprisonment. These include prior criminal convictions, crimes committed against public employees or on public land and other aggravating circumstances. No matter which type of charge you face, The Merchant Law Firm uses the collective experience of our Marietta criminal defense attorneys to provide you with the representation you need to defend your rights.

What a Marietta Criminal Defense Attorney Could Do for You

It is particularly difficult to prove an assault case because there is often no physical evidence. Battery can be much easier to prove because of the existing physical injury. Either way, it is important to retain a Marietta criminal defense attorney as soon as someone files false charges against you. The sooner you obtain legal representation, the more time you will have to build a strong defense and fight such accusations.

Get Help from a Marietta Assault & Battery Attorney

A featured firm in Georgia Trend's Legal Elite with a "Superb" Avvo® rating, the Merchant Law Firm has a recognized ability to provide exceptional service and results. With counsel and representation from one of our lawyers, your charges of assault and battery could be dismissed. Call today for a consultation to begin your legal process. Before you know it, you'll be like family to us as we care for you, guide you, and fight for you in court if litigation is necessary.