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Assault & Battery Accomplished Legal Professional Using Insights from Both Sides of the Law

Cumming Assault & Battery Attorney

Defending Clients in Forsyth & Gwinnett Counties

The Epps Law Group represents clients charged with assault and battery in Cumming and throughout Forsyth and Gwinnett Counties. Our Cumming criminal defense attorney has 20 years of legal experience and 30 years of experience in the criminal justice system, as a former police officer, prosecutor, and Judge Pro Tem.

Get the legal advice you need during a free consultation. Call (678) 257-4507 to schedule an appointment.

Assault & Battery Laws in Georgia

In the state of Georgia, assault and battery may be charged as either misdemeanors or felonies, depending on the degree of the crime. For example, simple assault and battery are classified as misdemeanors, while aggravated assault and battery are generally charged as felonies. Regardless of the degree, the goal is to avoid conviction and the resulting criminal record, whenever possible.

The degrees of assault and battery include:

  • Simple Assault: An individual may face this charge for attempting to injure another person or putting them in a situation in which serious injury may result. Threatening to injure someone is enough to be charged with a violation of the law.
  • Aggravated Assault: An assault is aggravated when the individual commits assault with a deadly weapon or with the intent to rob, rape, or murder.
  • Simple Battery: When one person intentionally makes physical contact or intentionally causes harm to another, he or she may be charged with simple battery.
  • Aggravated Battery: The battery charge may be aggravated when a serious injury was intentionally inflicted on another, resulting in serious disfigurement or loss of a limb or the use of that limb. Serious disfigurement includes broken bones or scars that alter the person’s appearance.
  • Hate Crimes: Assault or battery may be charged as a hate crime if the victim was injured as a result of prejudice or bias.

The punishment for conviction depends on the degree of the charge and type of injury. This can range from up to a year in jail and fines of up to $1,000 for simple assault to up to 20 years in prison for aggravated battery.

Self-Defense Claims in Assault Cases

Self-defense is a basic human right. If you are being attacked, or fear for your life, you have the right to use force, even deadly force, to protect yourself. Unfortunately, in some cases, assault charges are brought against the person who was only trying to protect themselves, their property, or another human being. Self-defense is a legal defense commonly asserted by those charged with crimes of violence, such as battery, assault with a deadly weapon, or murder. When a defendant asserts self-defense in a criminal case, the defendant admits that he or she did in fact use force, but claims that their use of force was justified by the other person’s threatening or violent actions.

Georgia law allows you to use self-defense in very few circumstances:

  1. You are justified to use self-defense when you reasonably believe that using force is necessary to defend yourself from being physically attacked, or to defend a third person from being physically attacked.
  2. You are justified to use deadly force, that is intended or likely to cause death or great bodily harm, only if you reasonably believe that deadly force is necessary to prevent death or great bodily injury to yourself or to a third person.
  3. You are justified to use deadly force to prevent another person from committing a violent felony.

“Stand Your Ground” Law:

  • Under Georgia’s “stand your ground” law, you have the right to use deadly force against an attacker, even if there is an opportunity to safely retreat, and if you reasonably believe you are in fear of death or grave bodily harm when using such force. However, it does not mean you’re justified in pursuing someone who’s no longer a threat. Additionally, the level of force used to defend yourself should be roughly equivalent to the amount of force threatened against you.

Under Georgia law, you are not justified in using self-defense, if:

  • You were the initial aggressor who provoked another person to attack you as an excuse to inflict bodily harm upon that person.
  • You were committing a felony or fleeing after committing a felony.
  • You were engaged in a combat by agreement, and the other person withdraws from the encounter or communicates his/her intent to withdraw, and you still continued or threatened to continue the use of unlawful force.

Schedule Your Free Consultation with Our Cumming Assault & Battery Lawyer

At The Epps Law Group, we offer a free consultation with an assault and battery lawyer in Cumming. During the consultation, we will evaluate your case, answer your questions, and make sure you have an accurate understanding of the possible consequences you are facing.

Please contact our firm at (678) 257-4507 to arrange a consultation.

5-Star Reviews

READ WHAT OUR CLIENTS ARE SAYING ABOUT US
    "Attorney Epps and his paralegal, Elicia, worked wonders for me!"
    Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.
    - Lucie F.
    "I am so grateful for meeting this man."
    I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.
    - Anthony C.
    "Kyle and Elicia were beyond fantastic!"
    Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.
    - Amy B.
    "I trusted him. This was the best decision I made."
    After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.

    From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.

    As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.
    - Earl A.
    "Good work, Kyle, and thanks again!"
    Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!
    - Dylan P.
    "Kyle was amazing to work with!"
    Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!
    - Molly P.
    "Kyle did a great job on my daughter’s case, and we are very thankful."
    Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.
    - Diane K.
    "He exceeded my expectations at every point."
    Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.
    - Paul P.
Uniquely Experienced Defense Attorney

With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.


 

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Why Choose Us?

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  • Dedicated Team
    Skillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
  • Unquestioned Integrity
    A reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
  • Former Police Officer
    The knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
  • 30 Years of Experience
    Over 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.