Assault and Battery

People are often arrested for both assault and battery at the same time even though they are different and distinct charges. They are two of the easiest offenses to be charged with, and many arrests are the result of simple misunderstandings. Any amount of physical force used against another person can rise to the level needed for a police officer to decide that a battery was committed and make an arrest. All a police officer essentially needs to do is determine that one person touched another person without permission in a harmful, invasive, offensive, or inappropriate manner. Any amount of threat of violence or physical force by one person against another person can rise to the level needed for a police officer to decide that an assault was committed and make an arrest. The distinction is important, but because the line between assault and battery is so thin, they are often charged together. Much of the time, assault and battery are charged as misdemeanors. But when the threat of violence or physical harm, or the force used against someone causes severe injuries, the charges rise to the level of felony aggravated assault and aggravated battery, each carrying a maximum of 20 years in prison.

Handling Your Case

Prosecuting attorneys take these offenses very seriously and will do anything to try to convict you. Who you choose to have by your side to preserve your rights and fight for you is the most important decision you’ll make. To have a chance of need someone with experience representing people who have been arrested on assault and battery charges and familiar with the courts in and around Atlanta.

One of the most common instances of arrest for assault and battery occurs in the home. Cases of Domestic Violence are prosecuted very strictly in Georgia.

A conviction for assault and battery can result in jail time, monetary fines, community service, anger management and domestic violence counseling, and other consequences. Besides these potential sentencing requirements, a conviction could have significant collateral consequences to your character, job, and cherished relations.

Some jurisdictions consider giving people, if this is their first arrest, second chances. They do this through pre-trial intervention and pre-trial diversion programs geared specifically towards these types of offenses. Anger management, and many times domestic violence intervention counseling, makes up the brunt of the requirements in these programs. But some programs require more and very stringent. But the benefit is that successful completion of these programs results in a dismissal of the charges and potential opportunity to expunge records.

I have been a criminal defense attorney in Georgia and the Atlanta area for many years. The assault and battery laws in Georgia are severe and these cases can be very complex. You don’t need to face charges of assault, or battery, or both by yourself. I understand that much is at stake and I’ll do everything I can to reach a positive solution for you. If you or a loved one has been arrested for assault and/or battery, don’t hesitate to call me now, so I can start helping you today.

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Hirsch Criminal Defense serves people charged with crimes in Atlanta and the surrounding metropolitan area...

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