Cobb County Assault and Battery Lawyer

Because of their violent intent against others, assault and battery are serious charges in our state, carrying potentially severe penalties. Both offenses can be charged as either misdemeanors or felonies, depending on the circumstances. Conviction for assault or battery may lead to hefty fines and jail time. In the most serious cases, you could face long prison sentences and even higher fines. If convicted, a permanent criminal record of a misdemeanor or felony of this nature can make securing future employment, professional licenses, or housing much more difficult. 

The legal team at Smith, Schnatmeier, Dettmering & Kilgo, LLP has the skills, resources, and experience required to defend against any assault or battery charge. We bring together 100 years of criminal law practice and provide personalized attention to every client. Our team is results-oriented and pursues every available legal strategy to secure the most favorable outcome, whether negotiating with prosecutors to seek reduced charges or taking a case to trial. We apply a comprehensive, client-focused approach and pursue every legal avenue to protect your rights. 

Contact our Cobb County assault and battery attorneys at (770) 599-5328 for a confidential case evaluation. 

What Are Assault & Battery Crimes in Georgia?

Various degrees of both assault and battery have been established under Georgia law. 

These include:

• Simple assault
• Aggravated assault
• Simple battery
• Aggravated battery

What is Assault in Cobb County?

Simple assault consists of attempting to cause someone physical injury or putting someone in fear of being physically harmed. Examples of assault include raising your fist to strike a person. Even if you never make actual physical contact, you could be charged with simple assault under Georgia law due to the threat of punching the person, which puts the alleged victim in fear for their safety. Simple assault is charged as a misdemeanor in Cobb County and throughout the state. 

Aggravated assault involves using a deadly weapon or anything else that could result in serious injury, discharging a gun from a vehicle, or assaulting someone with the intention to rape, rob, or kill them. Unlike simple assault, aggravated assault is charged as a felony and carries heavier penalties. 

What is Battery in Cobb County?

Battery involves actual contact with the alleged victim, such as punching or shoving. Simple battery or battery are both charged as misdemeanors. Aggravated battery is charged when your actions result in serious bodily injuries, such as broken bones, a concussion, or other injuries requiring medical care, or injuries resulting in serious disfigurement. In Cobb County, aggravated battery is charged as a felony. 

Battery charges require the prosecution to prove that harm was not only intended but also inflicted. This can be a complex aspect involving witness testimonies, medical reports, and the interpretation of intent. Legal defenses might include demonstrating a lack of intention to harm, or that the act was accidental. This showcases the complexity of battery charges and the necessity of having a comprehensive legal defense from an experienced assault attorney in Cobb County to address these elements thoroughly. 

What are the Penalties for Assault & Battery in Cobb County?

Misdemeanor assault and battery charges can include up to a year in jail and/or a fine of up to $1,000, up to a year of probation, and restitution to the alleged victim. 

If the charge is considered a misdemeanor of a high and aggravated nature, it carries up to a year in jail and/or a fine of up to $5,000, up to a year of probation, and restitution. 

Aggravated assault or aggravated battery charges can include between one and 20 years of prison time, a fine of up to $100,000, and restitution to the victim. Aggravated assault or battery against certain victims, such as police officers, firefighters, emergency medical technicians, or other public safety officials, can lead to minimum prison terms of three, five, or 10 years based on the circumstances. Those with prior felony convictions may be required to serve the maximum term imposed for either aggravated assault or aggravated battery. 

The sentencing for assault and battery is influenced by multiple factors, such as the severity of the incident, the defendant's prior criminal history, and the impact on the victim. Understanding these nuances can help in arguing for lesser sentences or alternative punishment strategies, like community service or rehabilitation programs. Consulting with legal counsel can provide valuable insights into navigating potential penalties and exploring options to alleviate them. 

What are the Collateral Consequences of an Assault or Battery Conviction?

Beyond legal penalties, an assault or battery conviction can have long-term consequences, including:

• Loss of Employment Opportunities: A criminal record can make it difficult to secure jobs.
• Professional License Revocation: Certain professions may disqualify individuals with violent crime convictions.
• Impact on Custody and Family Law Matters: Family court judges may consider violent crime convictions in custody decisions.
• Restrictions on Firearm Possession: Felony convictions may result in loss of firearm rights.

A Cobb County assault and battery lawyer works to minimize these consequences and protect the future of individuals facing criminal charges.

What are Common Defenses to Assault & Battery Charges?

Courts in Cobb County consider a range of defenses during assault and battery cases. Each defense depends on the facts, available evidence, and the details of the alleged incident. Some of the most common defenses are:

• Self-Defense or Defense of Others: Asserting that your actions aimed to protect yourself or someone else from harm. Georgia law permits reasonable force when you face a threat, but your evidence must support this claim.
• False Allegations: Raising questions if witnesses or alleged victims offer conflicting reports, or if evidence contradicts the claims.
• Accidental Harm: Showing that no intent existed and any contact resulted from an accident, not a deliberate act.

Our attorneys assess each case, looking for facts and documentation that support a strong defense before local judges or juries. Having worked in Cobb County courtrooms, we understand how local prosecutors build cases and how to challenge unsupported claims. We also advise you on collecting evidence and what steps help if you believe a defense applies to your situation.

What is The Cobb County Court Process for Assault and Battery?

Depending on the classification, your case will be heard in either the Cobb County State Court (misdemeanors) or the Cobb County Superior Court (felonies). We provide seamless representation across both tribunals.

• Arraignment and Bond: For felony and serious domestic violence charges, bond is often set high or denied. We argue for a reasonable bond amount immediately, citing your ties to the Marietta and Cobb County community. We also fight restrictive Temporary Protective Orders (TPOs) that may prohibit you from returning home.
• Grand Jury and Indictment (Felonies): We strategically navigate the Grand Jury process, which is necessary for a felony indictment. Our firm seeks opportunities to present mitigating evidence to the prosecutor, sometimes resulting in a No-Bill or a reduction to a misdemeanor charge before indictment.
• Discovery and Pre-Trial Motions: We utilize our vast legal experience to compel the State to turn over all evidence, including police body-cam and dash-cam footage. We file motions to suppress any evidence obtained through illegal searches or seizures in violation of your Fourth Amendment rights.
• Trial and Sentencing: Our firm is known for its readiness to litigate. We prepare every detail for trial, delivering a compelling defense, cross-examining witnesses on credibility, and arguing the defense of justification to the jury.

A conviction can mean jail time, fines, and a permanent record. Let an experienced Cobb County assault and battery attorney fight for you. Call (770) 599-5328 now or contact us online for a consultation!