When a situation gets out of hand, it can be difficult to know exactly what happened. You may have been minding your own business when someone else got in your face or when a seemingly minor incident turned into an unnecessary altercation. Whatever the case, you ended up in a physical altercation with another person.
In the heat of the moment, your thoughts may have only revolved around protecting yourself or maybe a loved one. You may have even tried to apologize for a misunderstanding and walk away. Unfortunately, the other party involved continued to antagonize you until you felt you had no choice but to fight back.
Though you may have felt you had no other choice, it can be difficult to get the police to see your side of the situation right away. As a result, after someone called the police, you may have ended up taken into custody just like the other person. You may find the situation unfair, but nonetheless, you now face a criminal charge for assault or battery. When it comes to those allegations, they differ in the following ways:
- Simple assault involves trying to cause a violent injury to another person or causing a situation in which another person believes that he or she will suffer injury. This charge does not necessarily involve physical contact as threats or menacing actions could be enough to warrant a criminal charge.
- Simple battery does involve physical contact with the intent to cause harm or to insult or provoke someone else.
It is also possible for either of these allegations to be considered aggravated charges, which could come with more serious consequences in the event of a conviction. However, for an aggravated charge to apply, the crime must have been more heinous, such as involving a deadly weapon or intentionally trying to cause serious or fatal injuries.
Your defense options
If you believe that you only acted in a violent manner to protect yourself or someone else, you may have the chance to use that information as part of your criminal defense. Self-defense in a physical altercation is a common defense to assault and battery charges, and you may be able to present a compelling argument to the jury involved in your case. Of course, it is wise to have help with such an endeavor, and you may want to enlist the assistance of Georgia attorney when building your defense.