Aggravated Assault O.C.G.A. 16-5-21
Avoid Aggravated Assault Consequences with the Help of an Atlanta Georgia Attorney
In Atlanta Georgia, assault is defined as the attempt to cause either physical harm or injury to an alleged victim. The attempt to cause injury may be punching someone, but missing them. The definition also includes any type of intentional threat of action or act that places an alleged victim in an immediate fear of violence. Assault is very different from aggravated assault.
The intentional threat could be rushing toward someone like you are going to hit them. It may include threatening to break every bone in their body in a way the alleged victim believes it is about to happen.
The Three Circumstances that May Result in an Aggravated Assault in Atlanta Georgia
You may be charged with aggravated assault in Atlanta Georgia rather than assault for one of three circumstances. The first circumstance is that you allegedly intended to rape, rob or murder someone. This means you either threaten or placed the alleged victim in fear that they were going to be robbed, raped or murdered.
Another reason for an aggravated assault charge is the use of a deadly weapon during an assault. The deadly weapon is any type of instrument, device or object that may likely cause serious bodily injury to an individual. Traditional deadly weapons are knives and firearms.
Everyday items like a table, bat or a beer bottle can be used as a deadly weapon according to the state statute. So if you held a bat when you alleged assaulted a victim, the charge will be upgraded to an aggravated assault charge.
The third circumstance involves discharging a firearm from inside a motor vehicle. You allegedly direct the firearm toward a person or group of people prior to firing the deadly weapon and had no legal justification for doing so.
The Penalty for an Atlanta Georgia Aggravated Assault Conviction
The exact penalty for an aggravated assault conviction depends on the circumstances and the alleged victim. For instance, punishment is five to 20 years in prison. However, the time in prison may increase if:
- The victim was a public servant. The punishment is three to 20 years in prison.
- The victim was a teacher. The punishment is five to 20 years in prison.
- The victim was a family member. The punishment is three to 20 years in prison.
- The victim was a child under 14 years and you allegedly tried to rape the victim. The punishment is 25 to 50 years in prison.
Defenses to an Aggravated Assault Charge in Atlanta Georgia
You have a way to fight an aggravated assault charge in Atlanta Georgia. It is called a defense. Your defense depends on the facts of your case. You may not understand much about defenses or which one to use. It is important to know as much as you can about defenses.
Fighting your aggravated assault charge involves picking a smart, great defense strategy. A defense is a way to prove your innocence and based on the facts surrounding your charge. These armed robbery defenses include:
You did not commit aggravated assault
Actual innocence involves telling the court you are not guilty of the crime. Actual innocence involves showing that you did not commit the crime. Instead, you were not there or innocent because of some reason.
Lack of Evidence
The state has to prove you are guilty beyond a reasonable doubt. That reasonable doubt involves not leaving any doubt of your guilt. If the state does not have evidence, you should not be facing aggravated assault.
You did not assault the alleged victim. You and the victim may have gotten into a fight. You were defending yourself. Maybe you did not get into a fight with the alleged victim. Maybe the alleged victim approached you and made you fear that you were going to be harmed in some way. You defended yourself and should not be charged with self-defense.
Self-defense of others
You are allowed to protect other people from harm. If the alleged victim was putting someone at risk of harm such as assaulting them, then you can protect them. It is important that prove that you were not trying to harm the alleged victim. You were only trying to protect someone from harm.
You are supposed to intentionally try to place an alleged victim in fear or an immediate harm. You have to prove that you did not intend to assault the alleged victim. If you did not intentionally try to harm the alleged victim, you cannot be convicted of aggravated assault.
It is easier to defend yourself with a great defense that attacks the case against you. Once you know more about the available specific defenses against you, you can be better prepared to fight.
Georgia Defense Force, LLC will be Your Legal Advocate in an Atlanta Georgia Aggravated Assault Charge
An aggravated assault conviction is a felony. A felony conviction will seriously impact your future. You lose the right to vote, run for public office and own a firearm. If you commit another felony later, you will receive a tougher punishment than someone committing the crime for the first time.
We mention those things so you know we are serious about fighting your aggravated assault charge. You have too much to lose if convicted of aggravated assault. That is why we are determined to be your legal advocates and help you avoid conviction.
Whether you want to prove your innocence or get the charge dropped, we will fight for you. Contact us immediately for help with your aggravated assault charge.