Gwinnett County Assault Defense Attorneys Who Always Prepare For Trial

Last updated on January 14, 2026

In Georgia, simple assault is an attempt to injure or an act that puts another person in reasonable fear of immediate harm. Aggravated assault is a felony, often involving a deadly weapon. If you are facing either type of assault charge in Gwinnett County, our criminal defense lawyers are ready to build your case for court.

Attorneys Joshua and Falon Elbaz are trial-ready attorneys focused on serious and violent crimes, and are prepared to take your assault case before a Gwinnett jury. We prepare, we challenge and we fight to achieve a positive outcome. This tenacious approach has earned our lawyers recognition, such as inclusion in the National Trial Lawyers: Top 40 Under 40 list and honors for the firm, including Best of Gwinnett and Best of Georgia awards.

How Georgia Law Defines Assault And Battery

Under Georgia law, the main difference between assault and battery is physical contact. Simple assault does not need to involve physical contact. For example, raising a fist as if to strike or lunging at someone can count as simple assault if the act created a reasonable fear of harm. On the other end of the spectrum is aggravated assault. This is a felony crime that involves an assault with a deadly weapon or with the intent to murder, rape or rob.

A simple battery, on the other hand, occurs by either:

• Making intentional physical contact that is insulting or provoking, such as a shove
• Intentionally causing physical harm to another

A more serious offense, aggravated battery, happens when the contact intentionally causes “substantial physical harm or visible bodily harm,” such as a black eye or swollen lip.

On the other end of the spectrum is aggravated assault, which, under Georgia law, is a serious offense that goes beyond simple assault. The offense occurs when an individual commits an assault under specific circumstances that increase the danger to the victim.

According to the law, the assault offense becomes aggravated if any of the following factors are present:

• Intention to murder, to rape or to rob the victim.
• A deadly weapon, object, device or instrument which, when used offensively, is likely to result in serious bodily injury.
• Any object, device or instrument used offensively to cause strangulation.
• Without legal justification, a person discharged a firearm from within a motor vehicle toward another person.

In aggravated assault cases, prosecutors must prove that at least one of the aggravated factors as listed above is present. Examples of situations that meet the Georgia statutory definition of aggravated assault include:

• Attempting to kill someone during a dispute, either by swinging a knife.
• Threatening another person with a loaded handgun.
• Strangling or choking someone with hands or an object.
• Attempting to harm a person with the intention of rape or robbery.
• Threatening protected individuals, such as law enforcement officers, while performing their official duties.

If accused of assault in Georgia, the specific facts, like the presence of weapons and intent, are the key determinants of how the law will apply. Our attorneys will immediately analyze the accusations and evidence to determine which specific battery or assault charges you face and build the right defense.

Penalties For Assault Charges In Georgia

The potential penalties after a conviction depend on the charge. Simple assault and simple battery are typically misdemeanors, carrying penalties of up to 12 months in jail and a $1,000 fine. Courts may consider some cases as “high and aggravated” misdemeanors, which raises the potential fine to $5,000.

A conviction for aggravated assault can carry a prison sentence of one to 20 years. The law sets even higher mandatory minimums for specific cases such as assaulting a police officer or shooting from a vehicle.

Building Your Defense For Aggravated Assault Charges

There is no single “right” defense for an aggravated assault charge. The appropriate strategy depends entirely on the facts of your case. Our attorneys test every element of the prosecution’s claims and press every weakness. This work often involves building a defense based on:

• Claiming self-defense or the defense of others
• Proving the defendant did not use a deadly weapon
• Showing you had no intent to injure
• Challenging misidentification, false accusations or witness testimony
• Arguing mutual combat, where both parties agreed to fight

Georgia law allows you to use force in self-defense, but there are limitations to this right. For example, a self-defense claim is generally not valid if you were the initial aggressor or were committing a felony. Our lawyers will analyze the evidence to see if this defense applies to your case.

Aggravated Assault With A Deadly Weapon

According to the Georgia Bureau of Investigation, there has been a rise in aggravated assaults in recent years. For instance, there were 24,849 reported cases in 2024 and 27,053 in 2023. Such cases have pushed the Georgia government to set severe penalties to deter people from engaging in violent crimes.

Being accused of such a crime can be draining because of the immediate legal and emotional consequences, which can jeopardize your reputation and freedom. If accused of such, immediately exercise your right to remain silent and speak to an experienced criminal defense attorney. Our lawyer will help you collect relevant information, such as witness statements, photos and videos of the scene, to begin building a strong defense immediately.

What Legally Counts As Provocation In Georgia?

When it comes to battery or assault charges, provocation is a key factor. It directly impacts whether the court considers your actions as self-defense. Many clients ask if “just words” from the alleged victim count, but state law is very specific. Words alone are rarely enough to be considered legal provocation. However, threats combined with menacing actions can be a critical factor in building a self-defense case.

This is also where Georgia’s “stand your ground” law applies. This statute means you generally have no duty to retreat before using force to defend yourself, as long as you are in a place you are legally allowed to be. However, take note that this area of law is complex, and the outcome often depends on one thing: what a Gwinnett County jury believes was “reasonable.” This is why having a trial-ready attorney who can investigate the facts and persuasively tell your side of the story is critical.

Take Control Of Your Assault Case. Speak With Our Gwinnett County Defense Lawyers.

The most important step you can take right now is to speak with an attorney. Do not talk to police or investigators without your own lawyer present.

Our attorneys are ready to act. Call us at 678-573-4444 or message us online for a free, confidential consultation. Our lawyers at Elbaz & Elbaz, LLC, will immediately review your assault charges and explain your next steps.