There are several types of assault in Georgia, but the difference between a felony and misdemeanor assault often is determined by the severity of the assault. An assault charge always includes some kind of activity that is threatening, and the victim must have had some fear that the threat of bodily harm was imminent. If you are charged with aggravated assault in Georgia but did not commit that crime, you should understand the charges you are facing and seek experienced defense counsel.
What is Aggravated Assault?
An aggravated assault allegation means that the accused is alleged to have produced a “deadly weapon” in committing an assault or caused the severe bodily injury in the course of an assault.
Penalties for Aggravated Assault in Georgia
An aggravated assault charge is considered a felony in Georgia. 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.
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 twenty years
- A fine of up to $100,000
If the accused is guilty of committing an aggravated assault or battery on Public transit property or in a public transit vehicle, or
Against certain victims named in the statute such as a family member, intimate partner, person 65 years or older, a law enforcement officer, or a corrections officer, then
the court will impose a minimum sentence of three years in prison, depending on the victim.
Was it aggravated assault or self-defense?
People can defend themselves from the threat of or actual violence or force that could cause bodily harm or injury. However, the force that a person uses to prevent physical harm or injury cannot exceed the threat. A defendant cannot claim self-defense if they used a gun to end the threat of someone assaulting them with their fists because the gun exceeded the force necessary to end the threat.
Assault cases are often complex and can depend on the testimonies of witnesses at the scene, expert witnesses, or a reenactment of the events. An experienced defense attorney can provide the services necessary to protect a defendant’s legal rights. You should consult a Georgia criminal defense attorney that has the expertise and knowledge to provide a strong defense.