Get The Right Georgia Assault Lawyer To Protect Your Future
It can all happen so quickly. Perhaps you found yourself in the wrong bar at the wrong time. Maybe it was a domestic argument that got out of hand. Often, it is all the result of a misunderstanding. No matter the reason, if you have been charged with assault or domestic violence, you are facing a conviction as a violent offender. You need to do everything possible to protect your freedom and your future.
Prior to opening my criminal defense law practice, J. Pete Theodocion, Attorney at Law, in 1997, I served as an assistant prosecutor for the district attorney, where my job was to prosecute assault and domestic assault charges to the fullest extent of the law. For the past 25-plus years, I have been using my experience and knowledge of the state criminal justice system to protect the rights and freedoms of people charged with misdemeanor and felony assault charges, including vehicular assault arising out of a DUI accident.
Types Of Assault Charges And Penalties
Assault in Georgia is a far ranging charge that can be a simple misdemeanor or a serious felony, depending on the individual factors in your case. Was there a firearm involved? Does the accused have prior convictions? Is there a familial or dating relationship with the victim? These are a few of the questions that the courts and prosecutors look at when crafting their charges.
Overall, the available charges under Georgia law are:
- Simple Assault (O.C.G.A. § 16-5-20): The law describes this crime as attempting to cause violent injury or putting someone in fear of injury. It is a misdemeanor and punishable by up to 12 months jail
- Simple Battery: The law describes this crime as intentionally causing physical harm or offensive touching. It is a misdemeanor and punishable by up to 12 months jail
- Aggravated Assault (O.C.G.A. § 16-5-21): The law describes this crime as assault with intent to murder, rape or rob, or with a deadly weapon. It is a felony and punishable by up to 20 years in prison.
- Aggravated Battery: The law describes this crime as causing serious bodily injury or disfigurement. It is a felony and punishable by up to 20 years in prison.
- Family Violence Battery (O.C.G.A. § 16-5-23.1): This is a special category when victim is family/household member. It carries unique consequences that can impact many areas of your life, if convicted.
The difference between a misdemeanor and a felony assault conviction is vast, with much more extreme consequences for more serious offenses.
Georgia’s Family Violence Act
Violence within families is one of the most serious situations that can occur, and Georgia has strict consequences for such actions outline in the Family Violence Act. The law adds additional consequences on anyone convicted of violence against a household or family member, including:
- Permanent loss of gun rights under federal law (even for misdemeanors)
- Impact on child custody and visitation rights
Additionally, even without a conviction, you may face protective orders which can dictate where you can go or who you can see. When you’re facing any assault charge, whether domestic violence is a factor or not, you are facing serious stakes. I’ll stand with you to help you weather these challenges ahead.
Thorough Investigations To Get To The Facts And Keep You Out Of Jail
A successful legal defense for a violent crime such as assault or domestic violence often comes down to he-said, she-said. At the scene of the crime, police are likely to arrest everyone within handcuff range in order to restore order. I go the extra mile to thoroughly investigate the scene and get the facts from the witnesses present. With confirmed, eyewitness evidence in hand, a felony assault charge can often be dismissed or reduced to a lesser charge by the prosecutor.
If you are facing charges for domestic assault, it doesn’t necessarily mean you will face jail time. Most communities in Georgia offer education and rehabilitation programs for first-time offenders. If you successfully complete the program, your conviction will typically be set aside. I do everything possible to find a program that is right for you and your family.
Contact Me For Domestic Violence Defense
I can help you review the choices for possible outcomes on your case. Call me at 706-250-8762 or schedule a free initial consultation online. Together, we will review your options.