A simple assault that would typically be treated as a misdemeanor becomes a high and aggravated misdemeanor when it occurs between individuals with a domestic relationship. Attempting to inflict bodily harm, rape, or rob using a deadly weapon is defined as aggravated assault in Georgia. This assault may have occurred by use of a deadly weapon or some sort of object (e.g., an aluminum soda or beer can) that is likely to inflict a serious injury. A man has been charged with aggravated assault and reckless conduct after he threw what appears to be a smoke grenade at protestors, then pointed a gun at them outside Savannah City Hall on Saturday. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. aggravated assault, simple battery, battery, and aggravated battery. What To Do if You Are Charged With a Felony in Georgia? Additionally, if an individual discharges a firearm from a vehicle or uses a deadly weapon to induce serious bodily injury they may be charged with aggravated assault … §16-5-20: A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. § 16-5-21, Aggravated Assault … intimate partner, a person 65 years or older, a law enforcement officer, Georgia law states that a person commits the offense of Aggravated Assault by Strangulation when he or she assaults with any object, device, or instrument, which when used offensively against a person, is likely to or actually does result in strangulation. You can be charged with assault if you attempt to strike somebody, but miss. Many times people lose the opportunity to put on their best defense because they wait. Aggravated Assault Legal Options. § 16-5-21. Start here to find criminal defense lawyers near you. Under Georgia law, aggravated assault charges are severe accusations with significant ramifications. Assault is also any intentional act or threat of action that §16-5-21(j), Assault between past or present spouses, foster parents and foster children, parents and children, stepparents and stepchildren, or other person living in a house will have a penalty of a prison term between three and twenty years. Peach County Sheriff Terry Deese confirmed that Patricia Compton, 52 has been charged with aggravated assault, child cruelty and terroristic threats connected to the Sunday incident. It states that in Georgia, aggravated assault is an assault or an attempt or threat of assault with the intent to murder, rape, or rob another person. It was my partner, not me who committed the assault: Even if you were not the one who directly assaulted a victim, you could still be convicted of aggravated assault. § 16-5-21). In the state of Georgia, aggravated assault is classified as a felony and can carry prison terms of not less than one year and no more than 20 years. result in loss of a professional license. Contact us today to put on your best Georgia criminal defense! If a felon is convicted later O.C.G.A. hospitalization, or surgery. §16-5-21(d), Assault upon a person who is 65 years old or older will result in a prison sentence of three to twenty years. What is Aggravated Assault in Georgia? §16-5-21(l), Lastly, a person who commits aggravated assault on an officer of the court while they are engaged in their official duties shall be punished by a prison term for no less than five years and no more than twenty years. three, five, or ten years in prison, depending on the victim. The penalty for an aggravated assault conviction is a prison term between one to twenty years. Aggravated assault, a felony in Georgia, is an assault that is committed: with the intent to rob, rape or murder; with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or; by discharging a firearm from a vehicle. Depending upon the specific situation of your distinct case, you may face up to twenty years in prison if convicted, which is why we strongly advise to … In some states, the information on this website may be considered a lawyer referral service. Universal Citation: GA Code § 16-5-21 (2017) (a) A person commits the offense of aggravated assault when he or she assaults: (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; Then one day the accused entered the store, pointed a handgun at the victim, and told him not to give any more information to the police and that “We…own this area.” The accused attempted to argue at trial that his threat did not constitute assault. Coney v. State, 290 Ga. App. The importance of hiring a lawyer from the very beginning cannot be overstated! § 16-5-21: A person commits the offense of aggravated assault when he or she assaults: The accused was found guilty of aggravated assault in Georgia when he pointed a handgun at the victim with the intent of robbing the victim. Defense of Others: This argument is similar to regular self-defense with the only difference being that you must honestly believe that another person is in danger of being harmed. §16-5-21(m). Aggravated Assault Georgia. menacing or angry manner, is assault if it appears that the assailant The phrase “correctional officer” includes wardens, guards, superintendents, and other officers of the state, county, or municipal penal institutions. Aggravated Assault is defined in O.C.G.A. Don't wait to act because it could have detrimental consequences for you and your loved ones. The State essentially has to prove that you placed someone in reasonable fear for his or her safety by use of a deadly weapon. 246, (2005). O.C.G.A. As with all cases, your aggravated assault bail bond purchase will be handled professionally and discreetly. charge of assault or battery in Georgia, an attorney can investigate Your Georgia Aggravated Assault Attorney will investigate all the details surrounding your case and evaluate your options. Only someone or own firearms. Call us now at (415) 946-3744. Jarrell is charged with felony aggravated assault and criminal damage to property along with misdemeanor battery under provisions of the Family Violence Act. Serious For example, if they began to retreat to safety or started to shield their body. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. One of our highly skilled Aggravated Assault Lawyers in Georgia can assist you with establishing this defense. There would also be conditions they would have to satisfy in order to have the assault charge dropped such as submitting to drug tests, performing community service, attending counseling, etc. attending counseling or performing community service. reasonably causes a person to feel afraid of impending violence. is actual offensive or insulting physical contact, such as punching For instance, a The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial. The offense comprises simple assault and battery and aggravated assault, and aggravated battery, crimes that carry a higher sentence. We also offer aggravated assault bail bond purchases to persons outside of Georgia. Aggravated assault occurs when the crime is taken a step further, such as when a weapon is used, or the harm or threat takes place in certain circumstances. He was identified as a victim of aggravated assault because the suspect pointed a weapon at him prior to discharging the firearm at Mr. Green. §16-5-20: A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a … The crime could escalate to aggravated by using a weapon, based on who the victim is and also the intent of the person. In certain circumstances, a felony conviction also can It was not a deadly weapon: If the object used was not one that is considered a deadly weapon or one that is likely to result in serious bodily injury, then you may not satisfy the requirements to be convicted of assault. violates a condition of probation, he can be arrested and required to Here is the law: (a) A person commits the offense of aggravated assault … We also offer aggravated assault bail bond purchases to persons outside of Georgia. Most states classify assaults as simple or aggravated according to the circumstances surrounding the offense. Atlanta Aggravated Assault Attorneys. A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another or causes such injury purposely, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life; or attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon. battery is a felony in Georgia, and occurs if the offender resulting from the crime, such as the cost of medical treatment or Self Defense: This is a common defense used in assault and battery cases. has the ability to carry out the threat and the victim believes or could § 16-5-21. Simple Assault, the most common type of assault in the state of Georgia, is a misdemeanor and is punishable by serving up to one year in jail, fines, community service, restitution, and probation. Unlike Simple Assault, Aggravated Assault is always classified as a … public transit property or in a public transit vehicle, or against 348, (2010). Penalties for Aggravated Assault in Georgia. Penalties for Aggravated Assault Depending upon the circumstances, an aggravated assault is a felony for which you could receive a sentence of 1-20 years, 3-20 years, or 5-20 years. injury is harm more severe than minor or slight harm, and could include Georgia Law on Aggravated Battery. In addition, a defendant can be found guilty of aggravated assault in Georgia even if they were not the one who attacked the victim. assaults and batteries, see Georgia Assault and Battery Laws. Aggravated Assault is the more serious of the assault-related charges, the other being Simple Assault. A knowledgeable attorney will take all of this However, if the touching exceeded the intended amount, then there still can be grounds for assault. Striking another Remember, a charge is not the same as a conviction so call us today to schedule a free consultation. The potential fine is $5,000.00 with a maximum jail sentence of 12 months. serve the remainder or a remaining part of his sentence in jail. This is left to the judge's discretion and is evaluated on a case-by-case basis. Georgia Aggravated Assault. In the state of Georgia, aggravated assault is classified as a felony and can carry prison terms of not less than one year and no more than 20 years. Unlike Simple Assault, Aggravated Assault is always classified as a felony offense. §16-5-21(k), An individual who commits assault with intent to rape a child under 14 years old will be punished by a prison term between twenty-five and fifty years. Assault in Georgia is defined under Ga. Code Ann. If a person who already has one or more felony convictions on his criminal record O.C.G.A. In Georgia, the prosecutor must prove that an assault was committed with the intent to murder, rob, or rape. battery because of the prior conviction(s). Mr. Lawson will contact you shortly. They will be available all the time to you – even nights and weekends – because your case is important. You must show that (1) there was a threat of unlawful force or harm against you; (2) there was a reasonable basis for your fear of injury to yourself;(3) you did not provoke the threat; and (4) there was no reasonable chance for you to escape or retreat. Any evidence that you did not intend to murder, rape, or rob could help you obtain an acquittal. for instance, attempting to strike someone with a hand or object, and Aggravated Assault Laws in GA. A person convicted of an aggravated assault or aggravated battery faces the following penalties: If Assault Instead, the Court rules on a case by case basis. 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. On a more basic level, felonies can hinder you from being able to obtain employment or even credit. Your Attorney can help you make an argument for this defense. Furthermore, even if you were not the party to commit the crime, case law has found that your presence, companionship, and conduct before and after the crime can be used to infer that you participated in the offense. If put on probation, the defendant would be required to meet regularly with a probation officer. As described previously, recent case law has found that accomplices to the crime of aggravated assault can still be found guilty. judge in an aggravated battery case can sentence a defendant to three Anyone in Georgia that is convicted of assault of battery could be subject to this consequence. physical alteration of the body, such as a visible scar on someone’s 348, (2010). O.C.G.A. According to O.C.G.A. crime. However, no physical contact needs to occur. another person or hitting someone with an object. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Mr. Ezell did not sustain injuries during the incident. Penalties for Aggravated Assault Under The Family Violence Act A conviction for Family Violence Aggravated Assault is a felony punishable by 3-20 years. Therefore, they were both convicted of aggravated assault. Under Georgia Code § 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison Probation up to … You may file an aggravated assault lawsuit with the help of a criminal law lawyer. restitution, which means reimbursing the victim for any expenses There is not a bright line rule on when an owner is allowed to use reasonable force. the gun was not loaded, or it was a fake) if the victim honestly thought that they could be hurt, then an assault could still occur. Tweet. So, if you are charged with aggravated assault you have been charged with violating O.C.G.A. If the victim was put in reasonable apprehension that a violent act could or was going to occur, then that is grounds for assault. Sallie v. State, 276 Ga. 506, (2003). Also, the crime will be treated as a felony, which has grave consequences in Georgia. Consent: If you received consent to touch a person or commit an act, then it generally cannot be considered assault. §16-5-21(e), A person who knowingly commits the crime of aggravated assault against a correctional officer while they are engaged in their official duties will be sentenced to a prison term of five to twenty years. Perez v. State, 281 Ga. 175, (2006). Lack of Intent: Aggravated assault requires that the suspect commit the crime with the intent to do so. Section 16-5-21 of the Georgia Code defines aggravated assault as using a weapon or any type of object or device during an assault with the intent to rob, rape, or murder, and also includes pointing and discharging a gun either at or towards another person. can be required to serve the maximum sentence for aggravated assault or Copyright © 2020 Law Offices of Richard S. 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an Ambulance When Not Reasonably Needed, Refusal to Obey Official Request at Fire or Other Emergency, Removal or Attempted Removal of Weapon from Public Official, Sale of Real or Personal Property to Political Subdivision, Use of Laser Devices Against Law Enforcement Officer, Advertisement or Solicitation for Participation for Lotteries, Altered Fare Coins, Tokens, Stored Value Cards, Transfers, Transaction Cards, and Tickets without Consent, Avoiding or Interfering with Security Measures, Buying or Selling or Offering to Buy or Sell Human Body Parts, Criminal Conduct Committed in Public Transit, Buses, Rapid Rail Cars, or Stations, Failure to File or Maintain Required Written Reports in Regards to an Abortion, Failure to Post Nicotine Warning in an Establishment Selling Cigarettes, Hijacking a Bus or Rail Vehicle or Boarding an Aircraft, Bus, or Rail Vehicle with Certain Items, Intentionally Interfering with Safety or Traffic Control Devices, Possession, Manufacture, Distribution, or 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Distribution, or Sale of Counterfeit Substances, Possession, Sale, or Transfer of Model Glue, Prescription Drugs Not in Original Container, Sale, Distribution, or Possession of Dangerous Drugs, Using a Fictitious Name or False Address When Obtaining Drugs, Attempt or Conspiracy to Commit a Drug Related Offense, Manufacturing, Distributing, Dispensing or Possession of Controlled Substances in or Near Public or Private School, Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project, Possession of Cocaine with Intent to Distribute, Possession of Marijuana with Intent to Distribute, Possession of Schedule I or II Drugs with Intent to Distribute, Possession of Substance Containing Ephedrine or Pseudoephedrine, Possession, Sale, or Transfer of Kratom to a Person Under 18 Years of Age in Georgia, Purchase or Sale of Marijuana Flavored Products, Unlawful Distribution of Schedule I or Schedule II Drugs, Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance, Unlawful Manufacture, Distribution, or Possession with Intent to Distribute Imitation Controlled Substances, Use of Communication Facility in Committing or Facilitating Commission of Act Which Constitutes a Felony, Failure to Pay for Natural Products or Chattels, Fraudulent Business Practices Using the Internet or Email, Fraudulently Obtaining or Attempting to Obtain Public Housing or Reduction in Public Housing, Misleading Transmittal and Use of Individual Name, Trade Name, Registered Trademark Logo, Legal or Official Seal, or Copyrighted Symbol Over Computer or Telephone Network, Misrepresenting the Origin or Ownership of Timber or Agriculture Commodities, Unauthorized Use of Financial Transaction Card, Affirmative Defenses to Certain Sexual Crimes, Opprobrious or Abusive Language as a Defense for Battery or Assault, Use of Force in Defense of Other Property. , ( 2006 ) 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