What Are the Possible Defenses for Assault Charges in Georgia?

What Are the Possible Defenses for Assault Charges in Georgia?

Assault charges in Georgia can seriously affect a person’s life. These charges may lead to fines, jail time, or even a permanent record. If someone is facing assault accusations, they should know there are defenses that can be used to fight back.

Using Self-Defense or Defending Others

Self-defense is one of the most common defenses for assault charges. It applies when a person acts to protect themselves from harm. To use this defense, they must show they believed they were in danger, that they used reasonable force, and that they did not start the conflict. 

For example, if someone steps in to protect a family member from being attacked, they can argue that their actions were necessary to defend the other person.

Proving There Was No Intent or Showing Consent

Assault charges often rely on proving that a person meant to harm someone else. If the accused can show that their actions were accidental, this could be a strong defense. For instance, if someone accidentally shoved another person in a crowded space, it does not count as assault since there was no intent to harm.

Consent can also be a defense. If both people involved agreed to the activity, such as in a contact sport, the accused can argue that the other person accepted the risk. In these situations, proving consent can help reduce or dismiss the charges.

Having an Alibi or Questioning Evidence

An alibi can help prove that the accused was not at the scene of the alleged assault. This defense can be supported by witness statements or video footage. If the alibi raises reasonable doubt, the charges may be harder to prove.

Sometimes, the evidence itself can be challenged. For example, a defense lawyer might point out contradictions in witness statements or argue that the physical evidence is unreliable. If the evidence is weak, the case against the accused may fall apart.

Take Control of Your Case

Assault charges are serious, but they do not mean everything is over. If you or someone you know has been charged with assault in Georgia, reach out to Morris & Dean, LLC, for the legal guidance you need.

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