People hoping to fight criminal charges need to strategize based on the details of the state’s allegations. Those facing assault charges might claim that they acted in self-defense in some cases. Other times, they might potentially assert that they didn’t actually injure the person accusing them of assault.
Reframing the narrative around a violent encounter can be an effective part of a defense strategy, and the severity of injuries can sometimes influence the charges that the state pursues. However, contrary to what many people assume, proof of an injury isn’t necessary for a simple assault charge in Georgia.
No contact is necessary for prosecution
Georgia’s assault statute has a relatively broad definition that allows for prosecution in cases without injuries. In fact, physical contact isn’t even necessary for simple assault charges.
If one person menaces or physically intimidates another but fails to follow through on that threat, their attempt to put another person in immediate fear for their physical safety could warrant assault charges. If another reasonable adult might feel threatened in the same situation, the state could justify assault charges.
Similarly, if there is an attempt to cause physical injury but other people intervene or the person accused of assault trips and never makes physical contact when trying to throw a punch, the state could still prosecute them for assault in that situation. Proving that the other person was the initial aggressor or that the situation wasn’t nearly serious enough to represent a credible threat could be potential strategies for those accused of assault.
There are many tactics that can lead to less serious charges, dismissed charges or reduced penalties. Reviewing what led to an arrest with a Georgia defense attorney can help those accused of assault determine the best way to fight their charges.