Cobb County Assault & Battery Lawyer

Over 100 Years of Combined Experience Defending Battery Charges in Cobb County

Assault and battery charges in Georgia carry serious consequences. Both offenses can be charged as misdemeanors or felonies depending on the circumstances, and a battery conviction alone can mean jail time, steep fines, and a permanent criminal record that follows you into every job application and background check.

The legal team at Smith, Schnatmeier, Dettmering & Kilgo, LLP brings over 100 years of combined criminal law litigation experience to every case we take. Our attorneys include former District Attorneys who understand firsthand how the Cobb County Solicitor General’s Office and the District Attorney’s Office build battery cases. That insider perspective shapes how we approach every defense. We pursue every available legal strategy, whether negotiating with prosecutors for reduced charges or taking a case to trial, and we stay in constant communication with clients throughout.

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

What Are Assault & Battery Crimes in Georgia?

Georgia law establishes several degrees of assault and battery, ranging from misdemeanor offenses to serious felonies.

Assault Charges in Cobb County

Simple assault under O.C.G.A. 16-5-20 consists of attempting to cause someone physical injury or placing them in reasonable apprehension of immediately receiving a violent injury. No physical contact is required. Raising a fist toward someone can be enough to support a charge. Simple assault is generally charged as a misdemeanor.

Aggravated assault under O.C.G.A. 16-5-21 involves assault with intent to murder, rape, or rob; with a deadly weapon or any object likely to result in serious bodily injury; or by discharging a firearm from a vehicle. Unlike simple assault, aggravated assault is charged as a felony and carries substantially heavier penalties.

Battery Charges in Cobb County

Simple battery under O.C.G.A. 16-5-23 and battery under O.C.G.A. 16-5-23.1 involve intentional physical contact of an insulting or provoking nature, or intentionally causing physical harm. Both are generally charged as misdemeanors. Aggravated battery under O.C.G.A. 16-5-24 occurs when the accused maliciously causes bodily harm by depriving someone of a member of their body, rendering a member of their body useless, or seriously disfiguring their body. 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. Defenses can include demonstrating a lack of intent or showing that any contact was accidental. This is why having a battery attorney in Cobb County who understands the evidentiary requirements matters from the earliest stages of a case.

Penalties for Assault & Battery in Cobb County

Penalties vary significantly based on the charge level and the identity of the victim.

Base Sentencing Ranges

Misdemeanor assault and battery carry up to 12 months in jail and a fine of up to $1,000, plus probation and restitution to the alleged victim. If the charge rises to a misdemeanor of a high and aggravated nature, the fine ceiling increases to $5,000 while the same potential jail exposure applies. Aggravated assault or aggravated battery carries 1 to 20 years in prison and substantial fines.

Enhanced Penalties for Protected Victims

Penalties escalate significantly based on who the victim is. Assault or battery against a person age 65 or older, a pregnant woman, or a family or household member under the Georgia Family Violence Act can trigger enhanced minimum sentences. Aggravated assault against a public safety officer, such as a police officer, firefighter, or EMT, can carry a mandatory minimum that varies by circumstance, generally five years and higher when the assault involves discharge of a firearm. Against a person 65 or older, the mandatory minimum can be 3 years. Those with prior felony convictions may be required to serve the maximum term imposed.

Sentencing is also shaped by the severity of the incident, the defendant’s prior criminal history, and the impact on the victim. These are factors the prosecution will argue at sentencing and that we account for when building a defense strategy.

Collateral Consequences of an Assault or Battery Conviction

Beyond legal penalties, a conviction can affect your life long after a sentence is served:

• Loss of Employment Opportunities: A violent offense on your record appears in background checks and can close doors in healthcare, education, childcare, law enforcement, and security.
• Professional License Revocation: Certain professions may revoke or deny licensure following a violent crime conviction.
• Impact on Custody and Family Law Matters: Family court judges may consider violent crime convictions when making custody decisions.
• Restrictions on Firearm Possession: Felony convictions result in loss of firearm rights under both state and federal law.
• Immigration Consequences: For non-citizens, a battery conviction may be classified as a crime involving moral turpitude under immigration law, which can create serious consequences. Outcomes vary by individual circumstances.
• Permanent Criminal Record: A conviction typically remains on record permanently. If a charge is dismissed, a not-guilty verdict is returned, or a defendant completes a qualifying pretrial diversion program, record restriction under O.C.G.A. 35-3-37 may be available, limiting who can access that record.

Working with a Cobb County battery attorney from the start can give you a stronger opportunity to address these consequences.

Common Defenses to Assault & Battery Charges in Cobb County

The right defense depends on the facts, the available evidence, and the specific details of the alleged incident. Our attorneys include former District Attorneys who know how prosecutors from the Solicitor General’s Office and the District Attorney’s Office evaluate battery cases and where those cases can be challenged. We assess each case for the documentation and testimony that can carry weight before local judges and juries.

Defenses we examine in every case include:

• Self-Defense: Georgia’s self-defense law under O.C.G.A. 16-3-21 permits use of force when a person reasonably believes it is necessary to prevent death, great bodily injury, or the commission of a forcible felony. Under Georgia’s stand your ground law (O.C.G.A. 16-3-23.1), a person in a place they have a legal right to be isn’t required to retreat before using force.
• Defense of Others: O.C.G.A. 16-3-21 also permits use of force to protect a third person reasonably believed to be in imminent danger of unlawful force.
• False Allegations: Inconsistent statements, conflicting witness accounts, and evidence that contradicts the alleged victim’s version of events can undermine the prosecution’s case.
• Lack of Intent: Battery requires proof of intentional conduct. Accidental contact doesn’t meet the legal standard under O.C.G.A. 16-5-23.
• Mutual Combat: If both parties were willing participants, the evidence may not support that our client was the aggressor.
• Challenging the Evidence: We review body-camera footage, dash-camera footage, 911 recordings, medical records, and witness statements. Where evidence was obtained through an illegal search or seizure, we file Fourth Amendment motions to suppress.

The Cobb County Court Process for Assault & Battery Cases

Depending on the charge, your case may be heard in either Cobb County State Court (misdemeanors) or Cobb County Superior Court (felonies). Misdemeanor battery cases are prosecuted by the Cobb County Solicitor General’s Office; felony cases, including aggravated battery, are handled by the Cobb County District Attorney’s Office. We provide representation across both courts.

• 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 that may prohibit you from returning home.
• Grand Jury and Indictment (Felonies): We navigate the Grand Jury process strategically and seek opportunities to present mitigating evidence to the prosecutor, which can sometimes result in a No-Bill or a reduction to a misdemeanor before indictment.
• Discovery and Pretrial Motions: We compel the State to turn over all evidence, including police body-cam and dash-cam footage, and file motions to suppress evidence obtained through illegal searches or seizures in violation of your Fourth Amendment rights.
• First Offender & Diversion Options: For eligible defendants, first-offender treatment under O.C.G.A. 42-8-60 or a pretrial diversion program may result in a discharge without an adjudication of guilt, preserving eligibility for record restriction.
• Trial and Sentencing: 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.