A Gwinnett County Violent Crimes Lawyer Will Advocate for Your Future

Criminal charges involving violent crimes are among the most serious offenses you can face. These are often felonies and carry significant consequences, from jail time to heavy fines. In addition, a conviction will go on your public record, causing considerable harm to your reputation and even limiting future employment opportunities. If you have been charged with a violent crime, you need to take immediate action to protect your rights. The best thing you can do is contact an experienced Gwinnett County violent crimes attorney as soon as possible.

Understanding the Difference Between Assault and Battery in Georgia

Most people use the terms “assault” and “battery” synonymously and do not realize that there is a legal distinction between the two. Battery is the actual physical contact with another person that results in harm.

Assault, on the other hand, includes everything that occurred but for the physical contact. As a result, you can be charged with assault even if the other person did not suffer any physical injury whatsoever.

A Gwinnett County Violent Crimes Lawyer Defending You Against Assault Charges

Understanding these distinctions and what the prosecution must prove to convict you is critical to a successful defense. While assault is one of the most common criminal charges, that doesn’t mean that the case against you is straightforward or that the prosecution has the necessary evidence. For example, under Georgia law, the police can pursue assault in the following situations:

They believe that you attempted to cause harm to another person
You committed an act that they believe you intended to cause another person to think they were in danger of immediate physical harm

As you can see, the legal definition of assault is somewhat broad, which means that many people are falsely accused. Unfortunately, you could still face harsh penalties with “simple” assault:

Up to 12 months in jail
Up to $1,000 in fines

If you are dealing with assault charges, you need a Gwinnett County violent crimes attorney on your side.

Aggravated Assault in Georgia

Aggravated assault is a serious criminal offense. The police can charge you with it if they believe you committed an assault in the following circumstances:

With the intent to murder, rob, or rape another person
With a deadly weapon or any object that could result in intense physical injury
With the intent to strangle another person
During a drive-by shooting

Other circumstances can lead to an aggravated assault charge, but it is critical to understand that it carries penalties that are far more severe than simple assault:

One to 20 years in prison
Up to $100,000 in fines
Restitution

Assault With a Deadly Weapon

Assault with a deadly weapon is an extreme form of aggravated assault under Georgia law. It doesn’t necessarily have to be a firearm, either; it can include anything capable of inflicting serious bodily harm. Some common examples include knives, bats, and even motor vehicles.

What elevates a standard assault to one involving a deadly weapon is not only the presence of a weapon but also the intent to use it. Prosecutors will try to prove that you threatened another person and had the means to cause critical injury or death at the time. This comes with a steep maximum penalty of up to 20 years behind bars.

One of the major challenges in these cases is that law enforcement often assumes intent solely based on a weapon’s presence. This is the case even when all other factors do not support that conclusion. Having the support of strong legal counsel can provide you with the best shot at beating these charges.

Armed Robbery Charges in Georgia

Prosecutors in Gwinnett County are known for aggressively pursuing convictions for armed robbery. This offense is always deemed a felony, and it includes a mandatory minimum sentence of 10 years in prison if you are found guilty. In some cases, the court may impose life imprisonment if it determines that aggravating factors were present.

What complicates armed robbery cases is the element of force or intimidation. A defendant can be charged with these offenses even when no actual weapon was used, as long as the victim believed one was present. For example, placing a hand in a pocket to mimic a gun may be enough justification.

If you’ve been charged with armed robbery in Georgia, you must act immediately. Your attorney can strengthen your case in a number of ways, from challenging any witnesses who identified you as the perpetrator to investigating whether your actions actually met the legal standard for armed robbery.

Violent Sex Crimes

Crimes involving sexual violence are among the most complex and emotionally charged in the legal system. In Georgia, violent sex crimes can include rape, aggravated sexual battery, and sexual assault. They often carry mandatory minimum prison sentences and lifetime registration as a sex offender upon conviction.

Rape, for instance, is defined under Georgia law as carnal knowledge forcibly and against the will of the other person. It also applies in situations where a person was incapable of consent due to age or intoxication. Being found guilty of any of these offenses could alter the course of your life forever.

The penalties for violent sex crimes are some of the harshest in the country. A conviction for aggravated sexual battery carries a minimum sentence of 25 years in prison without the possibility of parole. There are also collateral consequences to consider, like damage to your reputation or the loss of employment.

Aggravated Battery

Just as with assault, battery is divided into “simple battery” and “aggravated battery,” with aggravated battery being more serious. You can be charged with aggravated battery if the prosecution believes that you intentionally caused severe bodily harm to another person. Here are some examples of actions that may result in an aggravated battery case:

Striking someone with a deadly weapon
Shooting someone with a gun
Causing an injury that results in temporary or permanent disfigurement or disability

If you have been accused of aggravated battery, you should contact a Georgia violent crimes lawyer as soon as possible. In general, aggravated battery is charged as a felony offense, meaning that you could be facing the possibility of several years in prison if you are convicted.

Kidnapping and False Imprisonment

Criminal charges involving kidnapping and false imprisonment are more common than many people realize. Kidnapping involves taking someone and holding them against their will, with only a slight change of location being sufficient to support a kidnapping charge. False imprisonment, on the other hand, involves holding someone against their will without moving them.

Both are felonies that carry prison sentences if convicted. Depending on the circumstances of your case, you could be given a minimum of 10 to 15 years in prison. While false imprisonment is less serious, it is still a felony and punishable by up to 10 years in prison. As a result, you should contact a Georgia violent crimes lawyer if you have been charged with either of these crimes.

Gwinnett County Violent Crimes Lawyer Gabe Winters Will Fight for Your Freedom

If you have been charged with a violent crime, you do not have to leave your future in the hands of the prosecution. Get someone on your side who can confidently defend you and help you get a fair result. Contact Gwinnett County violent crimes attorney Gabe Winters to discuss your case and how we can help. Call or email us to schedule a free consultation.

Frequently Asked Questions

What should I do after an arrest?

You should invoke your right to remain silent and request a lawyer immediately. Do not try to explain your side or answer questions without legal counsel. Anything you say can and will be used against you in court. Let your attorney guide all communication.

What are the potential penalties for a violent crime conviction in Georgia?

Penalties depend on the charge. For example, simple assault may result in up to 12 months in jail, while aggravated assault or armed robbery can lead to decades behind bars. Some violent crimes, such as rape or aggravated battery, carry mandatory minimums and parole restrictions.

Can the alleged victim “drop the charges” in Gwinnett County?

Despite what you might have seen on TV, alleged victims do not have the power to drop criminal charges in Gwinnett County. That said, prosecutors might choose not to go forward if their reporting witness no longer wants to cooperate or testify.

How is self-defense handled in violent crime cases?

Georgia law permits self-defense when a person reasonably believes they are at risk of bodily harm. While it is a valid defense strategy in a violent crime case, the state will typically not just take your word for it. Your attorney must be able to prove you reasonably believed you were in immediate danger for this defense to work.

Will a violent crime conviction show up on a background check?

Yes, violent crime convictions are felony offenses and will appear on background checks. These can impact housing, employment, firearm ownership, and even child custody rights.

How can a violent crimes attorney help me?

A violent crimes attorney can handle every aspect of your case, ensuring you focus on other essential aspects of your life. They can build a winning defense, negotiate with the state, and advise you on whether or not a plea offer is reasonable. Most importantly, they can take your case to trial if a plea is not an option.