Fighting Back: Legal Defenses to Assault Charges in Georgia

Facing an assault charge in Georgia can be a frightening and life-altering experience. Whether the charge is a misdemeanor or felony, a conviction can result in jail time, fines, and a permanent criminal record. At The Spizman Firm in Atlanta, we believe everyone deserves a strong defense and a fair day in court. If you’ve been accused of assault, it’s essential to understand the potential legal defenses that may apply to your case.

What Is Assault Under Georgia Law?
Georgia law recognizes two main types of assault: Simple Assault (O.C.G.A. § 16-5-20) involves attempting to commit a violent injury or acting in a way that makes someone fear they will be harmed. Aggravated Assault (O.C.G.A. § 16-5-21) is more serious and typically involves a deadly weapon or intent to commit another felony, such as rape, robbery, or murder.

Self-Defense
One of the strongest defenses is self-defense. Under Georgia law, you have the right to use reasonable force to protect yourself if you believe you are in imminent danger of harm. The key is proving that your actions were necessary and proportionate to the threat.

Defense of Others
Similar to self-defense, you are allowed to use force to protect another person from harm. This defense applies if you reasonably believed someone else was in immediate danger and your intervention was justified.

Defense of Property
In some situations, using force to defend your home or property is legally permissible. However, the force must be reasonable and not excessive given the circumstances. Deadly force, for example, is generally only allowed if you’re protecting yourself or others from serious harm.

Lack of Intent
Assault requires intent. If the prosecution cannot prove that you intentionally tried to harm someone or make them fear harm, the charge may not stand. Accidental contact, miscommunication, or a lack of threat can all weaken the prosecution’s case.

False Accusation
Unfortunately, false accusations do happen—often due to personal disputes, custody battles, or misunderstandings. If you were falsely accused, a strong legal team can challenge the credibility of witnesses, gather supporting evidence, and uncover inconsistencies in the accuser’s story.

Alibi
If you can prove that you were somewhere else at the time of the alleged incident, this may serve as a complete defense. Witness testimony, surveillance footage, or phone records can all help establish an alibi.

Insufficient Evidence
Sometimes, the prosecution simply doesn’t have enough evidence to meet its burden of proof. Challenging weak or circumstantial evidence can lead to a dismissal or acquittal.

Reach Out to Our Attorneys Today
Assault charges in Georgia are serious—but being charged does not mean you are guilty. With the right defense strategy and legal guidance, it’s possible to fight the charges and protect your future. At The Spizman Firm, we have extensive experience defending clients against assault and other criminal charges. We proudly serve clients across Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’re facing an assault charge, don’t wait—contact our Atlanta Assault Defense Attorneys today to explore your options and build your defense.