Marietta Assault & Battery Defense Attorney

Top-Rated Assault & Battery Defense Lawyer in Marietta, Georgia

Welcome to The Mazloom Law Firm, LLC, where I, Mazi Mazloom, the founder and lead attorney at this firm, am dedicated to protecting your legal rights and freedom. My goal is to provide exceptional legal representation to individuals facing criminal charges in Marietta, Georgia, as well as in Cobb County, Fulton County, and Paulding County. With decades of experience and a comprehensive understanding of the legal system, I represent clients in a wide range of criminal cases, including assault and battery charges, throughout the Atlanta metro area.

Proven Success in Criminal Defense

At The Mazloom Law Firm, LLC, I am committed to vigorously defending you against criminal allegations, including assault and battery charges. Whether advocating for an acquittal or seeking to minimize penalties, I challenge the prosecution’s case with determination. Recognizing the significant impact criminal charges can have on your life, I tirelessly advocate for fair treatment and the most effective defense strategy possible.

With over two decades of experience in DUI and Criminal Defense Law in Georgia, I have been recognized by esteemed entities such as the Cobb County Bar Association, Atlanta Magazine, and Super Lawyers. My dedication to providing exceptional legal representation underscores my commitment to delivering outstanding service to my clients.

Our Approach to Assault & Battery Defense

Assault and battery charges are serious allegations that require a strategic defense approach. Under Georgia law (O.C.G.A. § 16-5-20 and O.C.G.A. § 16-5-23.1), assault involves attempting to commit a violent injury, while battery involves actual physical contact. I meticulously investigate each case to uncover evidence supporting self-defense or lack of intent, ensuring your rights are protected throughout the legal process.

The Criminal Justice Process in Georgia

Navigating the criminal justice process in Georgia can be complex. From the initial investigation to sentencing, each stage demands careful attention and preparation. With my experience and dedication, I guide you through each step of the process, from arraignment to trial, ensuring your rights are upheld and your best interests are represented.

Here’s an overview of the typical criminal case process in Georgia:

1. Investigation – The criminal case process often begins with a law enforcement investigation. This may involve gathering evidence, interviewing witnesses, and identifying suspects. Law enforcement agencies such as the police or sheriff’s department conduct investigations to determine if there is enough evidence to support criminal charges.
2. Arrest – If law enforcement officers believe they have probable cause that a crime has been committed and that the suspect committed it, they may make an arrest. The suspect is then taken into custody and transported to a jail or detention center for booking.
3. Initial Appearance and Bond Hearing – After an arrest, the suspect is brought before a judge for an initial appearance and bond hearing. During this hearing, the judge informs the defendant of the charges against them, advises them of their rights, and determines whether to set bail or release the defendant on their own recognizance.
4. Administrative Driver’s License Hearing (for DUI cases) – In cases involving driving under the influence (DUI), there may be an administrative driver’s license hearing to contest the suspension of the individual’s driver’s license. This hearing is separate from the criminal proceedings and focuses on the administrative consequences of a DUI arrest.
5. Grand Jury or Preliminary Hearing (for Felony Cases) – In felony cases, the prosecution may present evidence to a grand jury to determine if there is sufficient probable cause to indict the defendant and proceed to trial. Alternatively, a preliminary hearing may be held before a judge to determine if there is enough evidence to proceed to trial.
6. Arraignment – At the arraignment, the defendant is formally charged with the crime and asked to enter a plea of guilty, not guilty, or nolo contendere (no contest). If the defendant pleads not guilty, the case proceeds to the pretrial phase.
7. Pretrial Phase – During the pretrial phase, both the prosecution and defense engage in discovery, where they exchange information and evidence relevant to the case. Motions may be filed by either party, and plea negotiations may take place.
8. Trial – If the case is not resolved through plea negotiations, it proceeds to trial. The trial may be heard by a judge (bench trial) or a jury (jury trial). Both the prosecution and defense present evidence, call witnesses, and make arguments before the judge or jury.
9. Verdict and Sentencing – After hearing all the evidence, the judge or jury deliberates and renders a verdict of guilty or not guilty. If the defendant is found guilty, sentencing occurs. The judge considers factors such as the nature of the offense and the defendant’s criminal history when determining the appropriate sentence.
10. Appeals – Following a conviction, the defendant has the right to appeal the verdict or sentence. An appeal is a legal process in which a higher court reviews the trial court’s decision for legal errors that may have affected the outcome of the case.

Understanding the criminal case process in Georgia is essential for anyone facing criminal charges. Having competent legal representation can help ensure that your rights are protected at every stage of the process. If you’re facing criminal charges in Georgia, it’s crucial to consult with an experienced criminal defense attorney who can guide you through the process and advocate on your behalf.

Frequently Asked Questions (FAQs) About Assault & Battery Charges In Georgia

What constitutes assault and battery under Georgia law?

Assault and battery charges in Georgia are defined under O.C.G.A. § 16-5-20 and O.C.G.A. § 16-5-23.1, respectively. Assault involves attempting to commit a violent injury to another person, while battery involves actual physical contact that results in harm or injury.

What are the potential consequences of assault and battery convictions?

The consequences of assault and battery convictions vary depending on the severity of the offense and other factors. In general, convictions can result in fines, probation, community service, and even imprisonment. Additionally, assault and battery convictions can have long-term consequences, such as difficulty obtaining employment or housing.

What defenses are available for assault and battery charges?

There are several defenses that may be available for assault and battery charges, including self-defense, defense of others, lack of intent, and mistaken identity. An experienced criminal defense attorney can evaluate the specific circumstances of your case and determine the most effective defense strategy.

Should I speak to the police if I’ve been accused of assault or battery?

It is important to exercise your right to remain silent and refrain from speaking to the police without legal representation. Anything you say to the police can be used against you in court, so it is best to wait until you have consulted with a qualified attorney.

Can assault and battery charges be expunged from my record?

In some cases, assault and battery charges may be eligible for expungement from your criminal record. However, eligibility for expungement depends on factors such as the outcome of the case and whether you have any prior convictions. An attorney can advise you on whether expungement is an option in your case.

How long do assault and battery cases typically take to resolve?

The timeline for resolving assault and battery cases can vary depending on factors such as the complexity of the case, the court’s schedule, and whether the case goes to trial. In general, misdemeanor cases may be resolved more quickly than felony cases, which may take several months or longer to resolve.

Can I negotiate a plea deal for assault and battery charges?

In some cases, it may be possible to negotiate a plea deal with the prosecution for reduced charges or penalties. However, whether a plea deal is available and advisable depends on the specific circumstances of your case. An attorney can negotiate on your behalf and advise you on the best course of action.

What should I do if I’ve been falsely accused of assault or battery?

If you believe you have been falsely accused of assault or battery, it is important to seek legal representation as soon as possible. An experienced attorney can investigate the allegations, gather evidence, and build a strong defense on your behalf.

How much does it cost to hire a criminal defense attorney for assault and battery charges?

The cost of hiring a criminal defense attorney for assault and battery charges can vary depending on factors such as the attorney’s experience, the complexity of the case, and the amount of time and resources required. Many attorneys offer free initial consultations and may work on a flat fee or hourly basis. It is important to discuss fees and payment options with any attorney you are considering hiring.

Why Choose The Mazloom Law Firm, LLC?

At The Mazloom Law Firm, LLC, I am committed to providing personalized attention and strategic legal guidance to each client. With a proven track record of success in criminal defense, I prioritize your needs and work tirelessly to achieve the best possible outcome for your case. From our initial consultation to the resolution of your case, I am here to support you every step of the way.

Don’t leave your future to chance. If you’re facing assault and battery charges in Marietta, Georgia, or the surrounding areas, call The Mazloom Law Firm, LLC at 770-590-9837 today to schedule your initial consultation. Let’s work together to protect your rights and defend your freedom.