Savannah Assault Lawyers
Defending Georgians Accused of Simple & Aggravated Assault
If you or a loved one has been charged with assault, retaining the right criminal defense lawyer can make all the difference in the outcome of your case. You could lose your freedom for years if you are not professionally defended by a seasoned trial lawyer.
At The Schneider Law Firm, we have extensive experience developing powerful and compelling defense strategies and engaging in meaningful and productive negotiations with prosecutors. Our founder, Cris Schneider, is a former prosecutor himself and understands the process of working with the other side to seek a reduced charge or sentence when this is the most favorable option for the accused.
Simple vs. Aggravated Assault
Simple assault is a misdemeanor carrying penalties of up to 12 months in jail and $1,000 in fines upon conviction. You could be charged with simple assault if you injured someone, attempted to injure someone, or made someone fear immediate violent injury.
Aggravated assault is a far more serious felony offense that is charged when the alleged perpetrator assaulted someone with the intent to murder, rob, or rape. Aggravated assault can also be any form of assault involving the use of a deadly weapon. If convicted of aggravated assault, you could be facing up to 20 years in prison and extensive fines.
What Should I Do if I am Charged With Assault?
If you have been accused of committing assault, it is important that you take appropriate action to protect yourself.
We recommend that you:
- Exercise your right to remain silent
- Be respectful to law enforcement and do not resist, fight, or argue, as that could result in added charges for resisting
- Do not engage in conversations with any "friendly" officer who appears to want to help you
- Once you have been booked and are allowed to make a call, get in touch with a Savannah assault defense lawyer you can trust
- Never agree to any questioning without your lawyer physically present to advise and protect you.
What Are the Penalties for Assault?
The judge has leeway in sentencing and will look at several factors when making a decision.
Judges will consider:
- Your criminal record and whether you have prior convictions
- The extent of the victim’s injuries
- Whether a weapon was used in the assault
- Whether the assault was considered a "hate crime"
- Whether the assault was considered a "gang crime"
- The sentencing guidelines in the State of Georgia
- Mandatory minimum sentences that do not allow for the judge's discretion
Georgia has some of the toughest sentencing guidelines of any state. For several crimes – including an aggravated assault in a rape case – the state does not allow for parole eligibility or time off for good behavior. 100% of the sentence must be served. This places a defendant in a position of extreme danger if accused of aggravated assault. The Seven Deadly Sins Act abolished parole for seven violent felonies including rape.
Definition of a Deadly Weapon: A Grey Area
When charged with aggravated assault for using a deadly weapon, you may be shocked to find out a deadly weapon can be almost anything – including hands and feet. If it is alleged that you used any item in an assault – whether it was a gun, knife, beer bottle, bat, or club – you will be most likely be facing charges of aggravated assault.