Day: June 19, 2024

If you have been charged with assault in Georgia, these are serious charges that come with severe penalties if you are convicted. Keep in mind, however, that just because you have been charged with a crime does not mean that you will be convicted. A highly skilled criminal defense lawyer can use various effective defense strategies to protect your legal rights and have the charges against you reduced or dropped. However, while an assault victim must be able to prove that the assault occurred, the Georgia Crime Victims Bill of Rights states that victims of certain crimes – including assault – are entitled to specific rights. To ensure that your legal rights are protected as you navigate assault charges, you contact an experienced criminal defense lawyer at your earliest convenience.

What Is Reasonable Apprehension in an Assault Case?

A simple assault occurs when someone either attempts to commit a violent injury to another person or commits an act that places another person in reasonable apprehension of being immediately injured. For someone to be charged with assault, the prosecution must be able to prove that the victim had a reasonable fear of being harmed. However, this can be a somewhat vague concept to prove, and apprehension in the mind of a reasonable person depends on the circumstances. Ultimately, it comes down to whether a reasonable person in the same situation would have felt afraid if they had been subjected to the same threatening or intimidating behavior.

Georgia Crime Victims Bill of Rights

According to the Georgia Crime Victims Bill of Rights, victims of assault and a range of other crimes have the following rights:

• The right to reasonable, accurate, and timely notice of any scheduled court proceedings or any changes to such proceedings.
• The right to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused.
• The right not to be excluded from any scheduled court proceedings except as provided by law.
• The right to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused.
• The right to file a written objection in any parole proceedings involving the accused.
• The right to confer with the prosecuting attorney in any criminal prosecution related to the victim.
• The right to restitution as provided by the law.
• The right to proceedings free from unreasonable delay.
• The right to be treated fairly and with dignity by all criminal justice agencies involved in the case.

After a crime occurs and has been reported, law enforcement and court personnel must notify the victim of an assault of the following:

• The possibility of the accused being released from custody before the trial.
• Victims of assault have certain rights during the stages of the criminal justice system.
• Victims have the right to refuse or agree to be interviewed by the accused, the accused attorney, or anyone who represents or contacts them on behalf of the accused.

Additional information about these stages can be obtained by contacting the relevant state and/or local agency or the Criminal Justice Coordinating Council. Victims may be eligible for monetary compensation for certain out-of-pocket losses incurred due to their victimization from the Georgia Crime Victims Compensation Program administered by the Criminal Justice Coordinating Council.

Our Savannah Criminal Defense Lawyers at Kicklighter Law Represent Individuals Facing Assault Charges

If you have been charged with assault, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. While there is a wide range of legal protections for assault victims, our highly skilled legal team will ensure that your legal rights are protected and recommend the best defense strategy. To schedule a confidential consultation, call 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.