Assault Cases in Marietta Depend on the Credibility of the Witness

Assault cases in Marietta often depend on the testimony of an alleged victim. If a Marietta assault lawyer can cast reasonable doubt about that witness’s credibility, then the case may collapse.

An experienced attorney can use many different defenses in an aggravated assault case. An effective attorney must be knowledgeable about the prosecution’s case.

Aggravated assault

Aggravated assault is a felony in Georgia and can carry a prison sentence of up to 20 years. It can also come with fines and a lifetime of consequences including loss of the right to own weapons, mandatory community service, probation, court-ordered monitoring, and a requirement that you serve 85% of your sentence before you can be eligible for early release.

A person can be charged with aggravated assault when they injure another person under certain severe circumstances. This includes any injury that creates a risk of death or that results in serious bodily injury, which is defined differently by each state but may include the loss of the function of certain body parts, disfigurement, the permanent loss of a limb, or injuries that show an extreme indifference to human life.

Defending against a charge of aggravated assault can be challenging. An experienced Marietta criminal defense attorney can often convince prosecutors to reduce the charges. For example, an aggravated assault case that involves the discharge of a firearm will likely be downgraded to a murder, attempted murder or voluntary manslaughter charge. An attorney can also work to prove that the provocation was sufficient and that the defendant did not commit a crime.

Client was charged with aggravated assault by strangulation and faced 1-20 years in jail. After an extensive investigation, we were able to convince the prosecutor to charge him with misdemeanor strangulation and avoid a jail sentence.

In a case like this, it is vital to have an aggressive and experienced lawyer on your side. Our felony assault lawyers have helped many clients defend against aggravated assault charges.

The right to self-defense

An experienced aggravated assault attorney can defend against a charge by arguing that the defendant was acting in self-defense. If a judge finds that you were acting to protect yourself or others, then they will dismiss the charges.

Victims’ medical and counseling expenses

If you are convicted of aggravated assault, then the judge will order that you pay for the victim’s medical and counseling bills as part of your punishment. Our attorneys will work hard to convince the judge that these expenses are unreasonable and should be reduced or eliminated.

Alleged victims

Some alleged assault victims can be unreliable witnesses in court. They may be biased because of an ongoing family law or other civil case against the defendant, they may have been drinking at the time of the assault, or they may tell different versions of the events to different people. An experienced criminal defense lawyer can help to examine the evidence and find weaknesses in the alleged victim’s testimony.

We can often rattle an alleged victim during cross examination by pointing out inconsistencies and by showing that the witness does not have credibility. However, it is important to strike the right balance in this type of cross examination so as not to embarrass or annoy the jury. If a jury believes that the alleged victim’s story is not credible, they may return not guilty verdicts.

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