Can You Appeal an Assault Charge in Georgia? What You Need to Know

Facing an assault conviction in Georgia can feel overwhelming—but a guilty verdict isn’t always the end of the road. In certain circumstances, it may be possible to appeal an assault charge and seek to overturn or reduce the conviction. At The Spizman Firm in Atlanta, we help clients understand their rights after a criminal conviction and explore all legal avenues for appeal when justice may not have been served.

Understanding Assault Charges in Georgia

In Georgia, assault is categorized into two main types: simple assault and aggravated assault. Simple assault involves attempting to cause violent injury or placing someone in fear of imminent harm. Aggravated assault, a more serious felony offense, may involve a deadly weapon or the intent to commit a more severe crime, such as robbery or rape.

Whether charged as a misdemeanor or felony, an assault conviction can carry serious consequences—including jail time, probation, fines, and a permanent criminal record. But if the conviction was based on legal errors, lack of evidence, or constitutional violations, you may be eligible to appeal.

Grounds for Appealing an Assault Conviction

Appeals are not retrials. Instead, they are a legal process where a higher court reviews the trial court’s proceedings to determine if mistakes were made that affected the outcome of the case. Common grounds for appealing an assault conviction in Georgia include:

• Errors in the Judge’s Instructions to the Jury
• Improper Admission or Exclusion of Evidence
• Ineffective Assistance of Counsel
• Violation of Constitutional Rights (e.g., unlawful search or seizure, lack of due process)
• Insufficient Evidence to Support the Verdict

If the appellate court finds that a significant error occurred, it may reverse the conviction, order a new trial, or even dismiss the case.

How the Appeals Process Works

To initiate an appeal, your attorney must file a Notice of Appeal within 30 days of your conviction. This strict deadline makes it essential to act quickly. After the notice is filed, the appellate court will review the trial record, written briefs, and, in some cases, hear oral arguments from both sides. The court’s decision may take several months, depending on the complexity of the case.

Keep in mind: Not every case qualifies for appeal, and not every appeal is successful. However, having an experienced appellate attorney greatly increases your chances of identifying viable legal errors and building a persuasive argument.

Post-Conviction Relief Alternatives

If the window for appeal has passed, or if an appeal is denied, there may still be options available. Post-conviction relief, such as habeas corpus petitions or motions for a new trial, can provide additional paths to challenge a conviction under certain circumstances.

Let Us Fight for Your Second Chance

If you’ve been convicted of assault and believe the outcome was unjust, you deserve an opportunity to have your case reviewed. At The Spizman Firm, we have the knowledge and experience to evaluate your case and determine whether an appeal is in your best interest.

We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact our Atlanta Criminal Defense Attorneys today to discuss your options for appealing an assault charge and protecting your future.

Source:

law.cornell.edu/wex/ineffective_assistance_of_counsel