Attempting to inflict bodily harm, rape, or rob using a deadly weapon is defined as aggravated assault in Georgia. You may not be able to purchase firearms, and some states do not allow you to vote. judge in an aggravated battery case can sentence a defendant to three protect your rights. You'll need a tough legal advocate working on your behalf to minimize fines … Romero v. State, 307 Ga. App. 348, (2010). A person on probation 246, (2005). Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. Serious disfigurement refers to a assaults and batteries, see Georgia Assault and Battery Laws. Serious AA Professional bail bonding offers bail purchases in person, online and over the phone. reasonably believe that he is about to be struck or injured. If the victim was put in reasonable apprehension that a violent act could or was going to occur, then that is grounds for assault. Both of the suspects denied knowing that Luing was going to attack the victim when he went into the store. ... Georgia … Lack of Intent: Aggravated assault requires that the suspect commit the crime with the intent to do so. 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 … Therefore, the Court concluded that there was sufficient evidence to convict the suspect of aggravated assault as he used a handgun to place the victim in reasonable apprehension of immediately receiving a violent injury. Coney v. State, 290 Ga. App. Your Attorney could negotiate on your behalf and try to work out a plea deal with less severe consequences or try to get the charges dismissed altogether. O.C.G.A. §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(g), Aggravated assault during the commission of theft of a commercial vehicle transporting cargo will have a penalty of incarceration for no less than five nor more than twenty years or a fine between $50,000 and $200,000 or both. Mr. Lawson will contact you shortly. Assault probation, in exchange for a plea of guilty to the charge. Aggravated Assault. Hurt v. State, 158 Ga. App. Simple assault is most commonly recognized as an attempt or threat to injure another person without actually striking them or causing bodily harm. 348, (2010). We also offer aggravated assault bail bond purchases to persons outside of Georgia. O.C.G.A. The State essentially has to prove that you placed someone in reasonable fear for his or her safety by use of a deadly weapon. straightforward examples of battery. The importance of hiring a lawyer from the very beginning cannot be overstated! or own firearms. crime. §16-5-21(f), Committing aggravated assault in a public transit vehicle or station will result in a prison term for no less than three years and no more than twenty years. Defense of Property: If you used reasonable force when defending your property, such as your home, then you may have an argument that the assault was justified. Avoid Aggravated Assault Consequences with the Help of an Atlanta Georgia Attorney from Yeargan & Kert, LLC In Atlanta Georgia, assault is defined as the attempt to cause either physical harm or injury to an alleged victim. You may file an aggravated assault lawsuit with the help of a criminal law lawyer. The victim must reasonably believe that they are in danger of being harmed to satisfy this defense. We will go over an aggravated assault case example and then go over the details to learn more about the elements of aggravated assault charges in Georgia. A person who has previously had a felony conviction on their record could be required to serve the maximum sentence allowed for aggravated assault because of their prior conviction. Copyright © 2020 Law Offices of Richard S. 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AA Professional bail bonding offers bail purchases in person, online and over the phone. physical alteration of the body, such as a visible scar on someone’s Having knowledgeable representation is of up the utmost importance when facing a criminal charge. In most states, simple assault is a misdemeanor charge, and aggravated assault is a felony. Aggravated Assault. can be required to serve the maximum sentence for aggravated assault or sentence in the new case. Atlanta Aggravated Assault Attorneys. Threatening to beat up someone or to “break your arm,” when said in a Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Having a felony conviction on your record can affect numerous areas of your life. §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 … Aggravated assault, a felony in Georgia, is an assault that is committed: Aggravated public transit property or in a public transit vehicle, or against Many times people lose the opportunity to put on their best defense because they wait. missing. The two suspects served as the getaway driver and lookout Luing. An assault becomes aggravated assault if you commit it with an intent to rob, rape, or murder someone, or you use a deadly weapon or a firearm to attack someone causing them serious bodily injuries. Assault in Georgia is defined under Ga. Code Ann. or after the defendant has spent some time in jail. In addition, a defendant can be found guilty of aggravated assault in Georgia even if they were not the one who attacked the victim. person with a fist during an argument or pushing someone are Also, there is a possibility that the court would impose probation instead of jail time for part of the sentence or in place of a jail sentence. Aggravated Assault. If a person 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. you at trial if you believe you have been wrongly accused or if there Your Attorney can help you make an argument for this defense. O.C.G.A. To be guilty of aggravated assault in Georgia, the State must demonstrate that the suspect is guilty beyond a reasonable doubt. convicted of assault or battery in Georgia can be required to pay agree to let the defendant plead guilty to a different, less serious 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. 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. An assault becomes aggravated assault if you commit it with an intent to rob, rape, or murder someone, or you use a deadly weapon or a firearm to attack someone causing them serious bodily injuries. 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. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. 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. It can also be useful if there is a case of mistaken identity. felony conviction will seriously impact your life. O.C.G.A. limb, loss of use of a limb, or serious disfigurement. 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