Violent Offenses

Stand Your Ground Or Walk Away?

There’s a lot of common misconceptions on violent crimes in Georgia. There is a common belief that, in the case of an alleged aggravated assault , if the alleged victim is not injured then it’s not aggravated assault. It could be “Pointing A Pistol at Another” , a misdemeanor, but not aggravated assault. But the aggravated assault is made out if the alleged victim is placed in reasonable fear of receiving a violent injury. Of course, there is always the possibility of a “self defense” claim. But the obstacle here is, there are many claimants to self-defense but much fewer authentic self defense claimants. All too often the use of force is out of proportion to the threat. Rarely will it be legal to meet a threat of imminent physical violence with a barrage of bullets. Also, if a person is in the midst of committing a felony then it will be extremely difficult to avail themselves of a self-defense claim.

It is important to know the limits of what you can do with a gun or other lethal weapon. You may feel you have the right to “stand your ground”, but many times it’s better to walk away.

Georgia does have a “battered person” defense available for a carefully limited set of factual circumstances. And if such a defense applies, then what would otherwise be a crime is deemed justified. But even with this defense possibly available, it is better to leave your abusive partner rather than end up charged with a violent crime. Unfortunately, part of the battered person syndrome involves being so “beat down”, having such low self-esteem, that you have blinders on, and don’t see a way out other than lethal violence against your abuser. With the right facts , and with “expert testimony” around Battered Person Syndrome, you may still be able to avoid a conviction even if you have hurt your “partner” severely.

Where I may be able to be of assistance is as your lawyer, representing you (charged with a violent crime), and seeing whether some form of justification or Self-Defense may apply.

If you are facing a charge such as armed robbery, you may not be able to get parole if convicted, and you face mandatory minimums. However, sometimes the D.A. can be persuaded to go below the mandatory minimum, and there are laws that allow for that, in the right circumstances. If you face an armed robbery charge and you didn’t do it, then of course you want to see whether you can present a credible alibi to the jury. That is, at the time and location of the crime, you could not have done it because you were elsewhere. Another common defense is, you have been misidentified- the true perpetrator may vaguely resemble you, but it’s not you. You definitely need a good attorney if ever you are faced with these charges.

If you have been charged with a violent crime, time is of the essence – call us at (404) 642-7350 today!