Aggravated Assault

Aggravated Assault

Aggravated Assault is the more serious of the assault-related charges, the other being Simple Assault.  Unlike Simple Assault, Aggravated Assault is always classified as a felony offense.

According to O.C.G.A. § 16-5-21, Aggravated Assault occurs when a person assaults another person:

  1. With intent to murder, to rape, or to rob;
  2. 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;
  3. With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
  4. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Penalties for Aggravated Assault Convictions

Offense Penalty
Aggravated Assault (with no additional aggravating factors) At least 1 year but not more than 20 years (but term may be probated) and a fine of at least $2,000.
Aggravated Assault Against Public Safety Officer – Assault Occurs by Discharge of Firearm Imprisonment for at least 10 years but not more than 20 years, and no portion of the mandatory 10 years shall be suspended, stayed, probated, or deferred unless the State and the Defense have agreed a sentence below the mandatory minimum.  Additionally, a fine of at least $2,000.
Aggravated Assault Against Public Safety Officer – Assault Does Not Involve Discharge of Firearm or the Use of the Person’s Own Body A least 5 but not more than 20 years, and no portion of the mandatory first 3 years may be suspended, stayed, probated, or deferred unless the State and the Defense have agreed a sentence below the mandatory minimum.  Additionally, a fine of at least $2,000.
Aggravated Assault Against Public Safety Officer – Assault Involves Only the Use of the Person’s Body At least 5 but not more than 20 years, but term may be probated.  Additionally, a fine of at least $2,000.
Aggravated Assault Against Person Over 65 Years of Age At least 3 but not more than 20 years (may be probated).
Aggravated Assault in Public Transit Vehicle or Station At least 3 but not more than 20 years (may be probated).
Aggravated Assault in the Course of a Theft (where subject of the theft is a commercial cargo vehicle) At least 5 but not more than 20 years (may be probated).  Additionally, a fine of at least $50,000 but not more than $200,000.
Aggravated Assault – Where offense committed by discharging firearm from a vehicle towards a person or persons At least 5 but not more than 20 years (may be probated unless victim was a public safety officer, see above).
Aggravated Assault Against Teacher or School Personnel Using Firearm in School Safety Zone At least 5 but not more than 20 years (may be probated).
Aggravated Assault Against Family Member1 At least 3 but not more than 20 years (may be probated).
Aggravated Assault with Intent to Rape of Child Under 14 At least 25 but not more than 50 years (but also additionally subject to the provisions O.C.G.A. § 17-10-6.2 pertaining to sexual offenders).
Aggravated Assault Against Officer of the Court while Officer Engaged in Official Duties At least 5 but not more than 20 years (may be probated).

1O.C.G.A. § 16-5-21 includes among these “past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household.”

Why Do I Need An Attorney?

Like in many cases involving crimes against the person, there are many defenses that may be applicable in your Aggravated Assault case.  You should discuss every detail of your case with your Georgia Criminal Defense Attorney, who will help you decide on the best course of action for you.  That may be a trial, or it may be a plea.  You deserve to know all of your options and to have a competent and experienced Criminal Defense Attorney look at your case in detail.  Call me today.

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