If you need help now, call us at: (470) 225-7710

Blog

Aggravated Assault Defense Attorney

Posted by Ben Sessions | Jul 19, 2015 | 0 Comments

One of the most frequently over-charged offenses in Georgia is aggravated assault. We have defended aggravated assault cases that should have originated as simple battery charges, at most. O.C.G.A. § 16-5-21 defines what aggravated assault means under Georgia law:

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;
(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.

PRACTICE SUGGESTION: AGGRAVATED ASSAULT INDICTMENTS AND SPECIFICITY

I regularly speak with criminal defense attorneys in Georgia about the importance of filing and litigating special demurrers. Because Georgia's aggravated assault law is so broad, it is essential to know what acts the State alleges are the basis for the indictment. You must know what they are going to attempt to prove at trial. This seems basic, but you would be shocked at the number of criminal defense attorneys that fail to demand specificity in indictments and simply rely upon incident reports.

Punishments for Aggravated Assault in Georgia

  • If convicted of aggravated assault in Georgia, the person faces imprisonment for at least 1 year and no more than 20 years.

Aggravated Assault Upon a Peace Officer in Georgia

  • Aggravated assault upon a peace officer requires imprisonment for at least 5 years but no more than 20 years.

Aggravated Assault Upon An Elderly Person in Georgia

  • If you are convicted of aggravated assault against a person who is 65 years of age or older,  your sentence will include imprisonment for at least 3 but not more than 20 years is required.

Aggravated Assault Upon A Correctional Officer in Georgia

  • If you are convicted of aggravated assault against a correctional officer in Georgia, your sentence will include imprisonment for at least 5 years but not more than 20 years.

Aggravated Assault While in a Public Transit Vehicle or Station in Georgia

  • If you are convicted of aggravated assault in a public transit vehicle or station, your sentence will include imprisonment for at least 3 years but not more than 20 years.

Aggravated Assault While Stealing A Commercial Transportation Vehicle in Georgia

  • If you are convicted of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, your sentence will include imprisonment for at least 5 years but not more than 20 years and/or a fine of at least $50,000.00 but not more than $200,000.00. This provision can be read to provide for the possibility of a fine in lieu of imprisonment.

Aggravated Assault Upon School Personnel Involving a Firearm in Georgia

  • If you are convicted of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1, your sentence will include imprisonment for at least 5 years but not more than 20 years.

Aggravated Assault Upon Parents, Spouses and Children in Georgia

  • If you are convicted of aggravated assault involving 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, your sentence will include imprisonment for at least 3 years but not more than 20 years.

Aggravated Assault With the Intent to Rape a Child Under Age 14 in Georgia

  • If you are convicted of aggravated assault with intent to rape against a child under the age of 14 years, the sentence shall include imprisonment for at least 25 years but not more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Aggravated Assault Upon An Officer of the Court in Georgia

  • If you are convicted of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties, your sentence will include imprisonment for at least 5 years but not more than 20 years.

This post is provided by:

The Sessions Law Firm
1447 Peachtree St NE #530
Atlanta,
GA
30309

Phone: 470-225-7710

About the Author

Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Hiring A Lawyer

Hiring a lawyer is about more than getting a great result in your case. We understand that for many of our clients, the event that led them to call us causes them tremendous stress and anxiety. We will help you understand the process and how we can help. When you hire The Sessions Law Firm for your case, you will have a lawyer that is willing to take the time to help you and committed to delivering the best results possible.

Menu