As outlined below, the maximum jail (or prison) sentence in an assault case mostly depends on the type of assault. The evidence in the case (or lack thereof) also affects the amount of jail time you get for an assault case. Other circumstances come into play as well. These arrests usually increase during the summer. According to one study, an 18 degree temperature increase causes a 9 percent rise in the violent crime rate.
Maximum incarceration times vary. However, in most cases, a Marietta criminal defense lawyer ensures that assault defendants spend little or no time in jail. Probation is usually available in these cases, even if the facts are extreme and the defendant has a criminal record. Furthermore, since these cases are difficult to prove in court, a Marietta criminal defense lawyer usually has the upper hand during pretrial settlement negotiations.
Types of Assault Charges in Georgia
Many violent crimes have different degrees (e.g. first degree murder, second degree murder, etc.). Assault, which is technically criminal battery in Georgia, also has different degrees that involve varying punishments.
Georgia Assault by Contact (ABC) Penalties
ABC is first degree assault, if you will. This offense is a Class C misdemeanor, which is the equivalent of a traffic ticket. The maximum fine in a Class C misdemeanor is a $250 fine, which means that no one goes to jail for assault by contact.
Basically, ABC is like civil battery, which is a harmful or offensive touch. In this clip, two Manning brothers harmfully and offensively touch each other, much to the chagrin of their father.
Original ABC cases are very rare. Usually, this offense is a bargaining chip in the aforementioned settlement negotiations. If the evidence in an ordinary assault case is very weak, prosecutors often reduce the charges to ABC, so the defendant is convicted of something.
Georgia Ordinary Assault Penalties and Defenses
The most common kind of assault is a Class A misdemeanor (maximum twelve months in jail and/or a $1,000 fine. Usually, ordinary assault is ABC plus an injury. Any injury, such as a red mark, will do. However, prosecutors are often hard-pressed to prove intent in slight injury ordinary assault matters. Sometimes, people really do walk into doors.
In other cases, ordinary assault resembles civil assault (intentionally causing another person to fear imminent physical harm). These “fighting words” assaults are likewise hard to prove in court. They usually devolve into he-said, she-said cases.
Domestic battery cases usually include some mandatory jail time. Most jurisdictions place a twenty-four hour hold on these defendants, so they cannot immediately bond out of jail.
Georgia Aggravated Assault Penalties and Defenses
This offense is a felony with possible maximum sentences ranging from one to twenty years in prison, depending on the facts and circumstances.
Aggravated assault is usually attacking someone with a deadly weapon. Almost any object, even a set of car keys, could be a deadly weapon. A serious injury assault (generally putting someone in the hospital) could be aggravated assault as well. The state could also enhance ordinary assault charges, or even ABC charges, to aggravated assault, if the alleged victim was a child, judge, emergency responder, or another member of a protected class.
How Evidence Impacts Jail Time for Georgia Assault Charges
The maximum sentence is only available if the state proves every element of the offense beyond any reasonable doubt.
Most police officers are professional witnesses whose testimony is normally compelling. Most police departments give officers special training in this area, and most officers aren’t drunk or otherwise impaired while on duty. Additionally, most police officers are relatively neutral witnesses. They want to see defendants convicted, but in most cases, it’s nothing personal.
Alleged assault victims, who must testify in court in most assault cases, are different on almost every level.
Generally, alleged victims have never testified in court before. Therefore, a Marietta criminal defense lawyer can often undermine their testimony without attacking them and antagonizing jurors.
Moreover, alcohol is a factor in almost half of assault cases. If the alleged victim was drinking, the alleged victim’s recall is suspect.
Finally, many alleged victims have mixed motives in assault cases. That’s especially true in domestic battery cases. Alleged DV assault victims seldom fabricate or exaggerate their testimony to cause trouble for a defendant or get an edge in an ongoing family law proceeding. But a Marietta criminal defense lawyer must only show possible bias to undermine an alleged victim’s credibility.
Witness cooperation could be a factor as well. The criminal law process is very long. Many alleged victims lose interest in these cases as the weeks and months pass. In many cases, prosecutors technically have the power to subpoena these witnesses and force them to testify against their will. But they usually only exercise this power in extreme cases.
We should also mention medical evidence, or the lack thereof. If the alleged victim refused medical treatment at the scene, serious injury aggravated assault cases are rather difficult to prove.
Factors That Affect Sentencing in Georgia Assault Cases
The facts of the case don’t exclusively determine the amount of jail time in a Georgia assault. Other factors include alleged victim pressure and the defendant’s criminal record.
We discussed alleged victim indifference and its effect on assault cases above. Sometimes, alleged victims take the opposite approach. They harangue prosecutors and insist on maximum jail or prison terms. Additionally, many jurisdictions essentially give alleged victims the power to accept or reject a plea agreement.
Frequently, a Marietta criminal defense lawyer defuses alleged victim pressure. Sometimes, a heartfelt written apology, along with proof of repentance, goes a long way. Furthermore, assault cases often spawn civil proceedings, such as protective order proceedings. If civil courts protect alleged victims, they may not be as anxious to punish them in criminal court.
Alas, a Marietta criminal defense lawyer cannot do much about a criminal record. A criminal record, mostly a previous assault conviction, could be directly relevant to sentencing. Any criminal record, especially a violent crime conviction, could affect pretrial settlement negotiations.
In Georgia, you could go to jail for assault, and you could go away for a long time. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
