Assaults typically happen in the heat of the moment, when people let emotions take over their logical behaviors. Oftentimes, alcohol or other drugs are contributing factors, leading people to act impulsively. Additionally, they may not fully understand the gravity of their situation until after sobering up. However, the arrest experience can be even more alarming for those who are fully aware at the time of the arrest.
If you have been arrested under the accusations of assault, it is normal to be concerned about your future. The worst mistake you can make is trying to handle an assault arrest in Doraville on your own. Trying to talk or explain your way out of assault charges is dangerous because any statements you make can be used against you. Instead, call an experienced assault attorney for help as soon as possible.
What Is the Difference Between Assault and Battery?
When people talk about assault, they are usually referring to injuring another person through physical contact. However, the legal definition of assault does not involve physical contact. Instead, assault is an attempt to commit a violent injury or engage in behavior that would place a reasonable person in fear of being intentionally injured. In contrast, battery is physical contact that causes harm to the victim. Hitting someone or using a weapon on someone are both considered battery. In other words, any action that is in preparation for the battery is considered assault, while the actual act of harming a person is battery. The state can charge you with assault and battery for the same offense.
While assault charges can be severe, battery charges generally include more substantial penalties. Depending on the facts alleged at the time of the arrest or in the charging instruments, the incident may give the prosecution grounds to ask for you to be held without bail—impacting your ability to participate in your defense. A knowledgeable assault attorney in Doraville could provide help to understand the charges and work toward the best possible outcome.
Understanding Assault Charges
For an assault charge to be valid, the threat of violence must be enough to make a reasonable person afraid that a battery is about to occur. The threat must be credible. Joking threats, overblown threats, or threats that you cannot reasonably carry out are not enough to support a conviction in Doraville, but they could form the basis for an assault arrest, depending on the responding officer.
Additionally, an assault must be a threat of violence. Threatening to ruin someone’s reputation or destroy their property is not a threat of violence—though it may be another type of criminal offense. Some examples of assaults include raising a hand like you are going to hit someone, making a credible threat that you are going to harm someone physically, and brandishing a weapon.
How To Respond to an Arrest
If you get arrested for an assault in Doraville, the most important thing to keep in mind is that you have protected constitutional rights, such as the right to remain silent and the right to an attorney. Even if you are factually innocent of the alleged crime, do not want to talk to the police without consulting with an attorney and getting their advice. Even if you have already spoken to the police, you can invoke your right to counsel and your right to remain silent at any time.
Call a Doraville Attorney for Help With an Assault Arrest
Getting arrested for assault can be an overwhelming experience. It can be easy to incriminate yourself and dig yourself into a deeper hole, especially if you were intoxicated at the time of an arrest. If you have been arrested or believe you may be charged with an assault, reach out to a criminal defense attorney as soon as possible. Schedule a consultation to discuss your options following an assault arrest in Doraville today.
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