Category Archives: Assault
Understanding Aggravated Assault Charges in Georgia
Aggravated assault is a serious criminal charge in Georgia, carrying severe penalties that can include prison time, fines, and a permanent criminal record. Understanding what constitutes aggravated assault, how it differs from other assault charges, and potential defenses is crucial for anyone facing such allegations. Our Atlanta Aggravated Assault Attorneys at The Spizman Firm… Read More »
How “Fighting Words” Can Affect a Simple Battery Case in Georgia
Georgia law defines simple battery as intentionally “making physical contact of an insulting or provoking nature with the person of another.” Basically, if you touch someone in an aggressive manner without their consent, it is battery, even if you do not physically harm them in any way. It is also important to distinguish battery… Read More »
Is a Victim’s “Fear” Necessary to Prove Aggravated Assault?
There is sometimes a misunderstanding about the legal meaning of “assault.” An assault does not require proof that you physically harmed someone. Rather, simple assault occurs when you either attempt to commit a violent injury against another person, or you act in a way that places another person “in reasonable apprehension of immediately receiving… Read More »
When Can You Claim Self-Defense as Immunity from Prosecution in Georgia?
Under Georgia law, a person has the right to act in self-defense when they “reasonably believe” that force is necessary to protect themselves or a third person against someone else’s unlawful use of force. Self-defense may be asserted as an affirmative defense of “justification” at trial. It can also be cited as grounds for… Read More »
Does Assault Require an Actual Injury to the Victim?
In Georgia, the crime of simple assault occurs when someone “attempts to commit a violent injury” to another person or commits any act that “places another in reasonable apprehension of immediately receiving a violent injury.” Simple assault is legally distinguishable from aggravated assault, which is an assault committed with an “object, device, or instrument”… Read More »
How Does the Insanity Defense Work in Georgia?
Television crime dramas are often fond of portraying the insanity defense. In the eyes of many people, “pleading insanity” is seen as a loophole exploited by a guilty defendant to escape punishment for their actions. But the reality of the insanity defense in Georgia is far more complex. Take this recent decision from the… Read More »
What Is an Alford Plea in a Georgia Criminal Case?
When a person is formally charged with a crime in Georgia, the court will ask the defendant to enter a plea. Normally, the defendant will plead either “guilty” or “not guilty.” In some cases, the defendant may enter a plea of nolo contendere or “no contest.” This basically means that the defendant does not… Read More »
How Making “Terroristic Threats” Can Lead to Serious Criminal Charges in Georgia
In recent years, state and local governments have become more vigilant in trying to guard against acts of violence intended to terrorize local communities. Here in Georgia, there is a state law that expressly defines the “offense of a terroristic threat,” which can be used to convict someone even if they never actually carry… Read More »
Man Charged With Battery After Hitting Someone With Hot Dog
When you think of assault with a deadly weapon, you may think of a gun, knife, baseball bat, or maybe a stick or huge rock. But a hot dog? It may seem laughable, but it’s a true story that recently happened in Augusta. As you can imagine, alcohol was at play, with a drunk… Read More »
Does Age Matter With Simple Assault Charges In Georgia?
In Georgia, a person can be charged with either simple assault or aggravated assault depending on what happened during a violent incident. If simple assault is the charge, this is typically a misdemeanor, although in some situations there can be what is known as aggravating factors. Aggravating factors are additional actions or details about… Read More »