Your Essential Action Plan for Navigating an Assault Arrest in Georgia — Backed by Experienced Criminal Defense Lawyers
Being arrested for assault in Georgia can be a terrifying and life-altering experience. Whether it was a bar fight, a domestic dispute, or a misunderstanding blown out of proportion, the consequences can be severe — including jail time, fines, and a criminal record that could follow you for years.
The Georgia assault lawyers at The Sherman Law Group understand that emotions run high in these moments, and mistakes can happen fast. That’s why we’ve created this in-depth guide to help you take control of the situation. If you or someone you love is facing assault charges in Georgia, knowing what to do immediately after the arrest can make all the difference in the outcome of your case.
This guide outlines 50 smart, practical steps you should take to protect your rights and set yourself up for the strongest legal defense possible.
What Is Considered Assault in Georgia?
Under Georgia law, assault is defined in two primary forms:
- Simple Assault (O.C.G.A. § 16-5-20): Attempting to commit a violent injury to another person or putting someone in fear of such harm.
- Aggravated Assault (O.C.G.A. § 16-5-21): Assault with a deadly weapon, or with intent to rob, rape, or murder.
The penalties range from misdemeanors to felonies, depending on the severity of the act, the circumstances, and whether a weapon was involved.
50 Things You Should Do After Getting Arrested for Assault in Georgia
1. Remain Silent
Do not try to explain yourself to the police. Anything you say can and will be used against you.
2. Ask for a Lawyer Immediately
Invoke your right to an attorney. Ask clearly and calmly for legal counsel. Then stop talking.
3. Do Not Consent to Searches
Unless the police have a warrant, you are not required to consent to a search of your phone, car, or home.
4. Contact a Georgia Criminal Defense Lawyer ASAP
Hiring an experienced Georgia criminal defense lawyer — like The Sherman Law Group — can help you avoid common missteps and begin building a strategic defense.
5. Don't Discuss the Case with Friends or Family
Conversations with loved ones are not protected by attorney-client privilege and may be used as evidence.
6. Avoid Social Media
Do not post, delete, or comment on anything related to the incident on social platforms. Prosecutors monitor this.
7. Write Down What Happened
As soon as possible, write a detailed account of the incident — names, dates, witnesses, what was said or done — while it’s fresh in your mind.
8. Collect Witness Contact Info
If there were witnesses who can support your side of the story, get their names and contact information.
9. Review the Police Report (With Your Lawyer)
There may be inaccuracies or exaggerations. Don’t confront police about it — let your lawyer handle it.
10. Avoid Contact with the Alleged Victim
Even if you believe the other party was at fault, do not reach out. This could violate a protective order or hurt your case.
11. Show Up for Every Court Date
Missing court can lead to a bench warrant and make things much worse.
12. Be Honest with Your Attorney
Your defense is only as strong as the information your lawyer has. Don’t hide anything — no matter how minor it seems.
13. Learn the Charges
Understanding whether you're facing simple or aggravated assault can help you and your attorney strategize accordingly.
14. Understand Potential Penalties
Georgia penalties range from probation to 20 years in prison depending on the charge. Your lawyer can walk you through the sentencing ranges.
15. Explore Possible Defenses
You may have strong defenses — including self-defense, mutual combat, or false accusations — that can significantly change your case.
16. Preserve Evidence
Clothing, text messages, voicemails — anything related to the incident may help prove your innocence.
17. Don’t Violate Bond Conditions
You may be released on bail with specific conditions — obey them strictly to avoid re-arrest.
18. Consider Counseling or Anger Management
Even if you weren’t at fault, voluntarily enrolling in a program can show the court you’re proactive and responsible.
19. Be Mindful of Co-Defendants
If others were arrested with you, don’t coordinate stories — this can lead to additional charges like obstruction or conspiracy.
20. Stay Employed or in School
Judges often view consistent work or school as a sign of stability. It can also help with plea negotiations or sentencing.
21. Ask About Diversion or First Offender Programs
Georgia offers programs for certain first-time offenders that can result in charges being dismissed upon completion.
22. Be Professional in Court
Dress respectfully, be punctual, and address the judge formally. Your behavior makes a difference.
23. Track All Court Dates and Deadlines
Keep a calendar with all important legal dates — missing even one can derail your defense.
24. Consider a Private Investigator
In complex cases, hiring an investigator can uncover helpful facts or locate important witnesses.
25. Don’t Panic — Be Proactive
With skilled legal representation and the right mindset, an assault charge does not have to define your future.
26. Don't Post About the Arrest on Social Media
Even vague posts can come back to haunt you. Prosecutors and investigators often check Facebook, Instagram, X (Twitter), and TikTok for incriminating content. Stay silent online until your case is fully resolved.
27. Don’t Assume You're Automatically Guilty
Many people arrested for assault assume they’ll be convicted—especially if they’re overwhelmed or embarrassed. But arrests are not convictions. Let a skilled Georgia criminal defense lawyer review your case before you make assumptions.
28. Inform Your Employer Carefully (If at All)
Depending on your job, an assault arrest might not legally require disclosure. Talk to your attorney before informing your employer to avoid unnecessary consequences or misunderstandings.
29. Document Any Injuries You Sustained
If you were injured during the incident or by law enforcement, photograph and document everything. This could support a self-defense claim or even a motion to suppress evidence due to excessive force.
30. Make a Timeline of Events Immediately
Your memory fades quickly after a stressful event. Write down everything that happened during and after the incident while it’s still fresh. Include times, locations, people involved, and your actions.
31. Check for Available Surveillance Footage
If the alleged assault occurred in a public space or near businesses, surveillance footage could exist. Tell your lawyer about nearby cameras. Time is critical—footage is often deleted within days.
32. Identify and Preserve Witnesses
Make a list of anyone who saw the incident or can vouch for your behavior. Full names, contact info, and a brief note on what they observed will be helpful for your legal team.
33. Gather Character References
Friends, employers, clergy, or neighbors can provide statements about your character. These references may not be used in court, but they’re incredibly useful for negotiation and pre-trial advocacy.
34. Do Not Attempt to Contact the Alleged Victim
Even if you believe you can “talk it out,” this is a critical mistake. It could be viewed as witness tampering, intimidation, or a violation of bond conditions. All communication must go through your lawyer.
35. Check for Additional Charges
An assault arrest may include multiple charges (e.g., battery, terroristic threats, disorderly conduct). Be aware of the full scope of the allegations. Your attorney will review every count for weaknesses.
36. Ask About Pre-Trial Diversion Programs
Some Georgia counties offer pre-trial diversion or first offender programs, especially for non-felony assault charges or first-time offenders. These can keep your record clean if completed successfully.
37. Assess Immigration Consequences (If Applicable)
If you're not a U.S. citizen, even a misdemeanor assault conviction can lead to deportation or denial of naturalization. A criminal defense attorney with immigration insight is critical.
38. Be Cautious With Substance Abuse or Anger Management Admissions
Voluntarily seeking anger management or substance abuse counseling can be helpful, but never admit guilt during sessions unless advised to do so by your lawyer. These statements can sometimes be used against you.
39. Understand the “Mutual Combat” Defense
Georgia law allows for a defense if both parties willingly engaged in a fight. This may help reduce or dismiss charges depending on the circumstances. Your lawyer can assess if this applies to your case.
40. Trust the Process — But Stay Informed
Don’t panic. Legal cases move slowly. Stay involved, ask questions, and work with your criminal defense attorney as an active participant in your defense. You are part of the team.
41. Secure Bail Promptly and Responsibly
If you're eligible for bail, don’t delay. Posting bail quickly allows you to resume your life and meet with your attorney without jailhouse restrictions. Use a reputable bondsman if needed, and always follow bond conditions.
42. Don’t Assume the Police Report Is Accurate
Police reports often reflect the perspective of the alleged victim or responding officer — not necessarily the truth. There may be exaggerations, omissions, or outright errors. Let your lawyer scrutinize it thoroughly.
43. Avoid Speaking to Law Enforcement Without Counsel
You may be approached after your arrest for a “follow-up” or “clarification.” Always decline to answer questions without your attorney present — even if you think you’re just helping yourself.
44. Ask Your Lawyer to Challenge Weak Evidence
An experienced Georgia criminal defense lawyer will file motions to suppress improperly obtained evidence, limit prejudicial information, and dismiss charges when the prosecution lacks probable cause. This is a critical part of your defense strategy.
45. Be Mindful of Protective or No-Contact Orders
If a temporary protective order (TPO) or no-contact bond condition is issued, follow it exactly. Violating such an order — even by sending a text — can lead to new criminal charges and jail time.
46. Stay Away From the Scene of the Incident
Do not return to where the incident took place, especially if the alleged victim lives or works there. It can be perceived as intimidating, retaliatory, or threatening — and could result in additional charges.
47. Learn the Key Legal Terms in Your Case
Understand the difference between “simple assault” and “aggravated assault,” what “intent” means under Georgia law, and what the penalties are. Being informed helps you participate effectively in your defense.
48. Plan for the Long Game
Many assault cases take months to resolve. You might face several hearings, continuances, and motions before trial or resolution. Don’t get discouraged — patience and preparation are your allies.
49. Consider the Impact on Your Gun Rights
A conviction for assault — even a misdemeanor in some cases — may affect your ability to own or carry firearms. Talk to your attorney if this is a concern for your personal or professional life.
50. Hire a Georgia Criminal Defense Lawyer Who Specializes in Assault Cases
This isn’t the time to hire a general practitioner or a friend’s cousin. Assault charges in Georgia carry serious consequences. You need a seasoned, aggressive criminal defense attorney who understands the courts, the prosecutors, and the best legal strategies.
Why Choosing the Right Lawyer Is Critical
Not all criminal defense lawyers are the same. At The Sherman Law Group, our assault attorneys combine deep courtroom experience with creative legal strategy to fight for the best possible outcome — whether it’s dismissal, reduction, or acquittal.
We know Georgia’s criminal justice system. We know the prosecutors. And we know how to win assault cases.
Take Action, Protect Your Future: Georgia Assault Lawyer Near Me
Being arrested for assault in Georgia is overwhelming, but you are not powerless. Every decision you make after the arrest matters. From keeping silent to hiring the right defense team, your future hinges on being informed and prepared.
At The Sherman Law Group, we’ve helped countless clients across Georgia who thought their lives were over — only to walk away with dismissed charges or favorable resolutions.
If you or someone you care about has been arrested for assault, don’t wait. Get the help you need now — your freedom may depend on it.
We’re here 24/7 to protect your rights and help you build your best defense.