Ellijay Battery Lawyer

Battery Attorney in Ellijay

Facing battery charges in Ellijay, GA, can feel like your life has been turned upside down. Georgia classifies assault and battery charges as either misdemeanors or felonies, resulting in jail time, heavy fines, and a permanent criminal record depending on the severity of the crime. Whether you got into a heated argument that escalated or were acting in self-defense, it is important to find a skilled Ellijay battery lawyer to assist you.

Understanding Georgia Assault and Battery Laws

In Georgia, assault and battery are two separate offenses, but can be charged together. Assault is defined as the threat or use of violence, whereas battery is the act of committing physical violence against another person. Both can qualify as either simple (misdemeanor) or aggravated (felony).

A person who causes great physical or visible bodily harm to another on purpose may face battery charges in Gilmer County. Simple battery charges are treated as misdemeanor offenses in Georgia and can result in fines and incarceration. Crimes classified as aggravated battery are treated as felonies and carry harsher penalties, including long-term imprisonment.

One of the most common battery cases is domestic. Battery Family Violence is considered a crime in Ellijay that occurs between people who live together or used to live together in the same household. According to the National Domestic Violence Hotline, nearly 20 people experience physical abuse by an intimate partner every minute.

In just one year, nearly 10 million men and women are victims of domestic violence in the United States. Additionally, 40% of child abuse victims also report being the victim of domestic abuse.

Building a Defense for a Battery Charge

If you are facing charges for simple or aggravated battery charges, it is important to have an aggressive defense from a skilled Ellijay criminal defense lawyer. A common defense strategy is to argue self-defense, as it is a basic human right to protect oneself. Even if you are trying to protect yourself, a loved one, or your property, you still may face battery charges; therefore, it is important to have legal representation in all cases.

Georgia law allows self-defense in these situations:

• The use of force is allowed when it is deemed necessary in order to protect yourself or another person from being physically harmed.
• Deadly force is allowed when you believe that the other party intends to use deadly force against you or another person, and it is necessary to prevent death or severe injury.
• Deadly force is also allowed to prevent someone from committing a violent felony.

Other possible defenses for battery charges include a solid alibi, witness statements that contradict the prosecution’s claims, and a lack of intent to cause physical harm. An Ellijay criminal defense lawyer can help determine the optimal defense strategy for your case.

At Sevcech Law, we provide a client-centered approach, providing knowledgeable defense strategies for our clients. Both assault and battery cases that advance to trial proceedings will be heard at the Gilmer County Superior Court on Broad Street. It is important to have local representation that understands the implications of a public trial in such a small community where news spreads fast and can have lasting consequences even if you are proven innocent.

Why Choose Us?

Facing a battery charge in Georgia may have far-reaching consequences. Depending on the severity of the crime, you may be facing felony charges and long prison sentences. It is important to work with an experienced attorney who has handled criminal cases like yours.

At Sevcech Law, our criminal defense attorneys represent clients in Gilmer, Pickens, Fannin, Union, Dawson, and Lumpkin Counties. Our attorney, Sarah Sevcech, is a highly experienced attorney who has received accolades for her work and has been named a Super Lawyers Rising Star.

FAQs

How Serious Is a Battery Charge in Georgia?

A battery charge can be very serious in Georgia. The severity of the crime depends on the level of injury, the relationship between the parties, and whether the victim is of a protected status. In aggravated battery cases, you are tried as a felon and may face up to 20 years in prison. Battery charges can also carry lifelong consequences, such as a criminal record, which can affect the ability to be employed after prison.

What are the consequence for simple Battery in Georgia?

In Georgia, a sentence for simple battery is a misdemeanor and can carry penalties such as up to a year in jail and a fine of up to $1,000. A simple battery will still appear on your criminal record and follow you for the rest of your life. Even if you are only facing simple battery charges, it is important to seek legal help and understand your rights to a proper criminal defense.

What Is Worse: Aggravated Battery or Aggravated Assault?

It is difficult to distinguish if aggravated battery is worse than aggravated assault since battery can oftentimes escalate to an assault and vice versa. Aggravated assault involves the use of a dangerous weapon with the intention to cause bodily harm to the other party. Aggravated battery is the unwanted physical contact between parties that results in serious bodily harm to the victim. Both are felonies and are considered very serious crimes.

Hire a Battery Lawyer

The impacts of a battery charge can affect your future, especially in a smaller community like Gilmer County. It is important to have a knowledgeable attorney on your side. Contact our office today. Our skilled attorney is prepared to discuss your case and fight for you and your rights.