Decatur Assault Lawyer

Decatur Assault Attorney

Accusations of assault in Georgia create a scary and bewildering situation. The legal consequences of these charges may cause permanent effects on your personal freedom and future opportunities, along with damage to your reputation. When facing charges or being under investigation, it is essential to learn about your legal rights. You need to secure a Decatur, GA, assault lawyer who can represent you immediately.

Why Choose Us?

The Fleming Firm provides defense services for people facing assault or aggravated assault charges throughout Decatur and DeKalb County. We comprehend how prosecutors construct their cases, and we hold professional knowledge about how to effectively challenge their claims. Our legal team can deliver assertive yet thoughtful representation to safeguard your rights and secure the most favorable results you can achieve.

We can perform independent investigations and aggressively challenge suspicious evidence to ensure strong courtroom representation when required. Being accused of assault does not define you as a violent person or prove your guilt. Your legal defense should recognize your individuality beyond being labeled as a mere case number.

Understanding Assault Charges in Georgia

Georgia law draws a clear distinction between two types of assault: simple assault and aggravated assault. Each offense leads to significant legal penalties, although the precise charge depends on the details of the alleged behavior.

Simple Assault

Simple assault involves either trying to harm someone or behaving in a manner that makes another person fear immediate physical danger. A simple assault charge can be made without any physical contact occurring between the parties involved. Criminal charges may result from behaviors such as pulling back one’s fist as if to strike or rushing toward someone while shouting threats.

The legal foundation of simple assault involves the concept of “reasonable fear,” which requires the alleged victim to have feared that immediate harm was likely. An indistinct threat to cause harm in the future probably doesn’t meet the criteria, but advancing toward someone with clenched fists does.

Aggravated Assault

Aggravated assault raises the stakes significantly. This type of assault includes actions where someone uses a deadly weapon or intends to commit serious crimes, like rape or robbery, while threatening or causing serious bodily harm. Objects other than guns or knives can serve as deadly weapons. Georgia courts maintain that aggravated assault charges apply when fists, vehicles, wood planks, or any other harmful objects are used in a dangerous way.

Under Georgia law, the act of shooting from a vehicle at someone constitutes aggravated assault, even if there are no injuries. Georgia courts handle these cases with great seriousness and frequently pursue them with strong prosecutorial efforts.

In 2023, there were 352 violent crimes (including assault) per 100,000 people in Georgia. 76.7% of these violent crimes were for aggravated assault. This showed a 3.8% decrease from the previous year.

Defending Against Assault Charges in Decatur

The legal team at The Fleming Firm understands that being charged with assault does not mean you have been found guilty. These cases frequently consist of contradictory narratives while being affected by emotional situations and unclear intentions. Through our experience, we understand that a solid defense can either make a case end in a dismissal or downgrade a felony to a lesser charge. The most successful defense approaches for assault cases consist of:

• Self-defense or defense of others. When you protect yourself or another person from harm, your actions can be legally justified. The law permits people to apply reasonable force in situations where they confront a genuine threat.
• Lack of intent. To be charged with assault, prosecutors must demonstrate that you acted with the intent to inflict harm or create fear. Certain actions might have been misunderstood or wrongly interpreted from their actual context.
• Being falsely accused. Personal disagreements and misinterpretations can sometimes result in assault charges motivated by revenge. We can thoroughly examine witness credibility to identify any inconsistencies in their motivations.
• Reasonable doubt. All criminal cases require proof beyond a reasonable doubt. Should the prosecution fail to prove their case beyond a reasonable doubt, we can move to dismiss the case or argue for acquittal.

The Superior Court that processes felony cases in Decatur, such as aggravated assault charges, operates from 556 North McDonough Street in Decatur, GA, 30030. The DeKalb County Courthouse has public transit access through its proximity to the Decatur MARTA station.

FAQs

How Much Does a Criminal Lawyer Cost in GA?

In Georgia, a criminal defense lawyer’s fees depend heavily on the case’s complexity, the lawyer’s experience level, and their geographical location. While misdemeanor cases generally have lower legal fees compared to felony cases, legal costs can still vary within these classifications. Some attorneys may charge flat fees or hourly rates, while others extend payment plans based on client circumstances.

What Is a Simple Assault Charge in GA?

To be charged with simple assault under Georgia law, one must either try to physically harm someone or make them fear immediate physical harm. No physical contact is necessary. Threatening gestures, verbal threats of immediate violence, and failed attempts to hit someone can result in simple assault charges. Georgia law classifies this behavior as a misdemeanor offense.

How Long Do You Go to Jail for Assault in Georgia?

The length of jail time for assault in Georgia varies based on whether the charge is simple or aggravated. A person convicted of simple assault could face a maximum penalty of one year in jail. The felony status of aggravated assault leads to extended prison sentences, contingent upon the specific aggravating circumstances and the victim’s protected class status.

Can Aggravated Assault Charges Be Dropped in GA?

Yes, your attorney can get aggravated assault charges dropped in Georgia. The outcome is determined by the particular circumstances surrounding each individual case. If evidence is lacking, witness testimonies conflict with each other, or credible legal defenses arise, such as self-defense, the prosecution may choose to drop charges. The prosecutor holds the authority to make decisions regarding cases, which usually occur after a legal examination.

Contact The Fleming Firm

If you or someone you know has been charged with assault, The Fleming Firm can build an appropriate defense. Contact us today to begin fighting for your future.