Johns Creek Assault & Battery Defense Attorney

If you’ve been accused of assault or battery in Johns Creek, it’s crucial to act quickly. Assault and battery charges are serious offenses that carry significant consequences under Georgia law. A conviction could lead to hefty fines, jail time, probation, and a criminal record that could affect your future in various ways. Whether you’re facing a simple battery charge or a more serious charge like aggravated assault, you need strong legal representation to protect your rights and fight for the best possible outcome.

At The Mazloom Law Firm, LLC, we are dedicated to providing aggressive criminal defense to individuals facing assault and battery charges in Johns Creek and surrounding areas. With over 20 years of experience, our founder Mazi Mazloom has built a reputation for offering strategic, client-focused representation in the courtroom. We will work relentlessly to defend you against criminal charges and ensure your rights are protected every step of the way.

If you are facing assault or battery charges in Johns Creek, Georgia, don’t wait to seek help. Contact The Mazloom Law Firm at 770-590-9837 today to schedule a consultation.

Understanding Assault & Battery Under Georgia Law

In Georgia, assault and battery are separate crimes, but they are often charged together. While both involve physical harm or the threat of harm to another person, the charges vary depending on the circumstances. Below is an overview of each offense under Georgia law.

Assault Charges in Georgia (O.C.G.A. § 16-5-20)

Assault is the act of intentionally threatening or attempting to harm another person. Under Georgia law, there are two types of assault charges: simple assault and aggravated assault.

1. Simple Assault: Simple assault involves an attempt to cause bodily harm or putting someone in fear of immediate harm. This offense does not require physical injury to the victim. Simple assault is a misdemeanor offense, but it can lead to significant consequences, including jail time, fines, and a permanent criminal record.
2. Aggravated Assault: Aggravated assault is a more serious charge, typically involving a deadly weapon or an attempt to cause serious injury. This charge is a felony and carries much more severe penalties. A conviction can result in a lengthy prison sentence, significant fines, and a permanent criminal record that can affect your future prospects.

Battery Charges in Georgia (O.C.G.A. § 16-5-23.1)

Battery charges are related to actual physical harm. In Georgia, battery involves intentionally causing bodily harm to another person or making physical contact with someone in an offensive manner.

1. Simple Battery: Simple battery occurs when you intentionally cause harm to another person, or make offensive physical contact with them. If the injury is minor, the charge is typically considered a misdemeanor, but it can still carry penalties, including fines, probation, and jail time.
2. Aggravated Battery: Aggravated battery is a more serious charge, which involves intentionally causing severe harm, such as permanent disfigurement or the loss of a body function. This is a felony offense and carries much harsher penalties, including long-term prison sentences.

Possible Defenses to Assault & Battery Charges in Johns Creek

If you’ve been accused of assault or battery, it’s essential to understand that there are several defense strategies that can be used to challenge the charges against you. Depending on the circumstances of your case, your defense attorney may use one or more of the following defenses.

Self-Defense: Under Georgia law, you have the right to defend yourself if you believe you are in imminent danger of being harmed. Self-defense is one of the most common defenses in assault and battery cases. To claim self-defense, you must show that your actions were necessary to protect yourself from an immediate threat of harm. If you can demonstrate that you used reasonable force to protect yourself, the charges may be dismissed or reduced.

Defense of Others: Similar to self-defense, Georgia law also allows individuals to use force to protect others who are in imminent danger of harm. If you were acting to protect a family member, friend, or even a stranger from an attack, you may have a valid defense to assault or battery charges.

False Accusations: In some cases, assault and battery charges may be based on false accusations. This can happen for a variety of reasons, such as personal conflicts, misunderstandings, or revenge. If you can prove that the accusations are untrue or that the alleged victim has a motive to lie, you may be able to have the charges dropped or dismissed.

Lack of Intent: For a conviction on battery charges, the prosecution must prove that you intentionally caused harm to the victim. If the injury was accidental or the result of a misunderstanding, your attorney may argue that you lacked the intent necessary for a battery conviction. A lack of intent could lead to a reduction of the charges or even a dismissal.

Insufficient Evidence: In criminal cases, the prosecution must prove its case beyond a reasonable doubt. If the evidence against you is weak, contradictory, or lacking in credibility, your defense attorney can argue that the prosecution has failed to meet its burden of proof. This may result in a dismissal of the charges or a not guilty verdict.

The Criminal Justice Process for Assault & Battery Cases in Johns Creek

If you’re facing assault or battery charges in Johns Creek, Georgia, understanding the criminal justice process is essential. The following outlines the key stages in a typical assault and battery case:

1. Investigation & Arrest

The criminal justice process begins when the police investigate the alleged assault or battery. Law enforcement officers, such as those with the Johns Creek Police Department, will gather evidence, interview witnesses, and attempt to determine whether charges are warranted. If the police believe there is enough evidence to charge you, they may make an arrest.

2. Initial Appearance & Bond Hearing

After an arrest, you will be brought before a judge for an initial appearance. This is where you will be informed of the charges against you. A bond hearing will also take place to determine whether you can be released from custody before your trial, and if so, what the terms of your bond will be.

3. Arraignment

The next step in the process is the arraignment, where you will formally be charged with the offense and asked to enter a plea. You may plead guilty, not guilty, or no contest. If you plead not guilty, the case will move forward to the pretrial phase.

4. Pretrial Motions & Discovery

During the pretrial phase, both the defense and prosecution will engage in the discovery process. This allows each side to gather evidence and prepare their case. Pretrial motions may be filed, such as motions to dismiss charges or exclude certain evidence.

5. Trial

If the case is not resolved through a plea agreement, it will proceed to trial. In a trial, both the prosecution and defense will present their arguments, evidence, and witnesses. You have the right to a jury trial, but you may also request a bench trial, where a judge makes the final decision.

6. Sentencing

If you are convicted, the judge will schedule a sentencing hearing. During this hearing, the judge will determine the appropriate punishment, considering factors such as the severity of the offense, your criminal history, and any mitigating circumstances.

7. Appeals

If you are convicted, you have the right to appeal the verdict to a higher court. An appeal is based on the argument that a legal error was made during the trial. If the appeal is successful, your case may be retried, or the charges may be reduced.

Why Choose The Mazloom Law Firm, LLC for Your Assault & Battery Defense?

If you’ve been charged with assault or battery in Johns Creek, Georgia, you need an experienced criminal attorney who will aggressively defend your rights and protect your future. At The Mazloom Law Firm, LLC, we have the knowledge, skills, and dedication to handle even the most complex criminal cases. We pride ourselves on providing personalized legal representation and fighting tirelessly for our clients.

Why Choose Us?

• Over 20 years of experience in criminal defense law.
• Proven success in handling assault and battery cases.
• Personalized, client-focused representation.
• Strong, strategic defense tailored to the specifics of your case.

Our firm understands how frightening it can be to face criminal charges, and we are committed to guiding you through every step of the legal process. From your initial consultation to the resolution of your case, we are here to help you secure the best possible outcome.

If you are facing assault or battery charges in Johns Creek, Georgia, don’t wait to get the help you need. Contact The Mazloom Law Firm, LLC at 770-590-9837 for a free consultation today.