What Are the Penalties for Aggravated Assault in Carrollton, Georgia?

Aggravated assault is a serious criminal offense, typically resulting in felony charges. Many people accused of this offense ask, “What is the penalty for aggravated assault in Georgia?” The answer is that it depends on various factors. However, in most cases, you are facing more than a year behind bars. Call Moffitt Law, LLC, to talk with a Carrollton criminal defense lawyer at our firm. We can review the charges, along with your criminal history. If hired, we can dig into the record to identify the best possible defense to raise.

Is Aggravated Assault a Felony in Georgia?

Yes. In Georgia, felonies carry a minimum sentence of one year in prison. You can face aggravated assault charges if you commit an assault:

• With an intent to rape, rob, or murder the victim; or
• With a deadly weapon or object that is likely to cause serious bodily injury; or
• With an object or device that can cause strangulation; or
• When firing a gun from within a motor vehicle toward a person without legal justification.

There are common situations that result in aggravated assault charges:

• Robbing someone out on the street;
• Striking someone with a baseball bat or stabbing them with a knife;
• Shooting at someone while joyriding;
• Strangling someone;
• Attacking a victim as part of a rape.

Aggravated Assault Georgia Minimum Sentence

According to O.C.G.A. § 16-5-21, the minimum sentence is one year in prison. Of course, that’s just the minimum for a first-time offense with no aggravating factors. The maximum sentence for aggravated assault in Georgia is 20 years in prison.

Aggravated assault in Georgia can carry enhanced penalties:

• If you commit aggravated assault with the intent to rape a child under age 14, then you are facing 25-50 years in prison.
• Any assault against a public safety officer by someone who is at least 17 has a minimum 5 year sentence.
• If you assault a public safety officer by discharging a gun and are at least 17 years old, then your minimum sentence is 10 years.
• If you assault a person who is 65 or older, then the minimum is 3 years.
• Aggravated assault in a public transit vehicle or station has a minimum sentence of 3 years.

Call Moffitt Law, LLC, to speak with a criminal defense lawyer. We’ll review all the facts to determine your minimum and maximum sentence.

What Are Other Penalties for Aggravated Assault Georgia?

Anyone convicted will also face a minimum $2,000 fine.

The fine might be higher depending on who you assault. For example, assaulting someone while stealing a commercial vehicle will result in a huge fine: between $50,000 and $200,000.

You might also be put on probation, which means supervised release from prison. Probation requires regular check-ins with a probation officer and other requirements, such as not possessing a firearm and staying clean from drugs or alcohol. If you violate a condition of release, a judge can send you to prison to finish your sentence.

How We Defend Aggravated Assault Georgia Charges

Moffitt Law has won many cases that other criminal defense attorneys refuse to accept. Your defense will depend on the facts of your case. We believe in learning as much as we can about the surrounding circumstances so that your defense has a solid basis in fact.

Some possible defenses include:

• Self-defense. You have the right to defend yourself if you are attacked. For example, someone might come up to you in a bar fight and throw a punch. You can punch back to stop them.
• Mistaken identity. A different person might have committed the offense, not you. Witnesses are often mistaken, especially when the assault happens at night, or the assault involves a deadly weapon. When an assailant waves a gun around, many witnesses stare at the gun—and don’t see the assailant’s face clearly.
• Lack of intent. Aggravated assault often requires an intent to rob, rape, or murder someone. The prosecution needs to prove that fact.
• Constitutional violations. The police might have arrested you without probable cause, or they used an unduly suggestive lineup to get a witness identification. We can challenge these collection procedures as violating your constitutional rights.

Let’s review the evidence against you. We might also try to get charges reduced to simple assault, which is a misdemeanor in most cases.

Speak with a Carrollton, Georgia Criminal Defense Attorney

Moffitt Law, LLC, is happy to provide any criminal suspect with a free, secure evaluation of their case. You owe it to yourself to fight felony charges by hiring a seasoned advocate. Reach out to our firm today.