Physical confrontations with another person can many times lead to an arrest, oftentimes unnecessarily. Many people just want police to "cool things off," or "calm a situation down," only to have someone being taken to jail.
Common offenses are Simple Battery and Aggravated Battery, and Simple Assault and Aggravated Assault.
Simple Battery and Simple Assault are misdemeanors that carry a maximum punishment of a 12 month sentence in jail or probation with possible fines. Community service, anger or domestic violence counseling is also possible.
Simple Battery is using physical force to intentionally harm another person with minimal injury, while Simple Assault is the attempt to cause harm to another person by placing them in fear of that potential harm. Even if no one is injured, you may be charged if the police believe there was an attempt to cause minimal harm. Many of these cases arise from accidents or misunderstandings.
Aggravated Battery and Aggravated Assault are serious felonies that carry a possible 1 to 20 years in prison. They occur when someone attempts and succeeds in intentionally causing serious bodily harm to another person, or placing another person in grave fear of serious bodily harm.
Representation for these offenses is very important to ensure you aren't being prosecuted unfairly and to make sure every option to is available to you. In some cases pre-trial intervention and diversion programs are available.
IF YOU OR YOUR CHILD IS ARRESTED FOR A VIOLENT OFFENSE, call Cohen and Hirsch Criminal Defense now at (678) 561-0411 or fill out the form for a free consultation.