Being charged with a simple assault is daunting and can result in significant legal consequences. However, depending on certain factors unique to the situation, your offense could be enhanced to aggravated assault. Understanding the definition of aggravated assault and its associated penalties is crucial in order to protect your rights and legal options. If you are facing criminal charges, contact an experienced Atlanta assault lawyer to set up your free consultation today.
What is Aggravated Assault in GA?
The criminal offense of aggravated assault is defined under the Official Code of Georgia Annotated § 16-5-21. The legislation states that a person is guilty of this offense when he or she assaults:
- “With intent to murder, to rape, or to rob;
- With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- Without legal justification by discharging a firearm from within a motor vehicle or after immediately exiting a vehicle toward a person, an occupied motor vehicle, or occupied building.”
Aggravated assault is a step up from simple assault and includes committing or attempting to commit a violent injury to another person while aggravating circumstances apply. Understanding the law’s definition is crucial in protecting your rights and legal interests.
What Are the Penalties for Aggravated Assault in GA?
Because the offense is violent and serious, the penalties associated with a conviction are severe. However, the consequences you incur will vary depending on the specific circumstances of the situation.
In general, an aggravated assault conviction is punishable by 1 to 20 years in prison and fines of $2,000 or greater. However, if the assault was against a person 65 years of age or older, the defendant will be imprisoned for at least 3 years. For an aggravated assault against an on-duty police officer, the mandatory minimum is increased to 5 years. If the offense was against an on-duty police officer with the use of a firearm, the minimum sentence is 10 years.
The standard sentencing guidelines for aggravated assault are 1 to 20 years in prison and fines of $2,000. However, as established, the penalties can be increased depending on who the victim is, whether a weapon was used, and any other relevant information.
If you are facing aggravated assault charges in Georgia, securing skilled legal advice should be your top priority. Your lawyer will be your number one advocate and ensure your rights and options are protected throughout the legal process. Reach out to an experienced defense attorney at Williamson Legal to discuss your situation today.
