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Case Results

Aggravated Assault with a deadly weapon reduced to Criminal Tresspass

March 2019

Why YOU need an attorney when facing Aggravated Assault charges.

Many people don't realize that the crime of Simple Battery can happen to anyone, but its even more surprising when you are facing aggravated assault charges. Our client was charged not only with Battery and Aggravated Assault but also with criminal damage to property in the second degree. The offense of Simple Battery is defined by the statute from O.C.G.A. 16-5-23 and Battery is defined in O.C.G.A. 16-5-23.1. In part, these statute states that a person commits the offense of simple battery when they intentionally make physical contact of insulting or provoking nature or causes harm to another. The offense of Aggravated Assault is defined by the statute from O.C.G.A. 16-5-21. In part, this statute states that a person commits the offense when they 1- With intent to murder, to rape, or to rob; 2- With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or 3- A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Our client was accused of these charges from simply being in the wrong place at the wrong time. When we were hired to work on the case, it was already over a year old and the offer our client was facing was 20 to serve 10 in jail. We took on the case and investigated all of the aspects of how our client was being charged. Our client was simply in the back of a pickup truck when someone in the back of the vehicle discharged a firearm at another person. The key to our clients case was that the “victims” that were accusing our client of being the person that fired the weapon gave several different versions of what happened. In addition, our client was the only person that the “victims” knew from the truck. By the end of the case, we were able to negotiate our clients case down to a criminal trespass charge.

Of course, you may be wondering why it wasn't just tried and won, but that involves facts that our client was on someone's property just prior to this incident when he wasn't invited. However, that being said, without our help, he would have been facing 10 years in prison instead of a 12 month probation sentence.

Of course there are facts to every case where defenses can be raised for anyone charged with the crimes of Aggravated Assault, Simple Battery, Battery or Criminal Damage to Property. Each situation is different from the other and requires a evaluation of all the information in order to properly mount a defense and a effective negotiation with the prosecutors office.

Have you been arrested for Aggravated Assault, Battery, Simple Battery or criminal damage to property?

              Every case is different because no two sets of facts are the same. Proper application of not just the law but also case law to your situation would take examination of the facts surrounding your case and creating a properly mounted defense for YOUR arrest.

              Our office has 24 hour response lines and can answer your questions and help you. Give our team of lawyers a call at 404-445-8494. We can help you mount a proper defense for your situation.

Practice area(s): Criminal Defense

Michael D. Barber

Michael's training as both a prosecutor and defense attorney gives him the ability to interpret what the other side is considering and thinking in regards to a clients case. Working for his family law firm in Dunwoody, Georgia familiarized Michael with Debt Collection, Contracts and Agreements, ...

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