Aggravated Assault in GA

Understanding Aggravated Assault Laws in Georgia

This article presents the basics of aggravated assault in Georgia. Specifically, this article covers the definition of aggravated assault, the legal process, penalties and potential outcomes.

What is Aggravated Assault

Aggravated assault is a serious criminal offense in the state of Georgia, carrying severe penalties for those convicted. Georgia’s legal system defines aggravated assault as a violent crime that involves an intent to harm or threaten another person with a deadly weapon or object that can result in serious bodily injury.

Elements of Aggravated Assault

In Georgia, several elements must be present for an assault to be classified as “aggravated.” These include:

• Intent:  The accused must have had the intent to commit an assault. This means they intended to cause serious bodily injury to the victim, and their actions were not accidental.
• Use of a Deadly Weapon:  The crime becomes aggravated when a deadly weapon is used during the assault. This includes firearms, knives, blunt objects, or any other instrument that can cause severe harm or death.
• Serious Bodily Injury:  The victim must have suffered serious bodily injury. This typically means injuries that result in long-term or permanent damage, disfigurement, or the risk of death.
• Victim’s Identity:  The victim could be a person, a law enforcement officer, or another protected category of individuals, such as a healthcare provider or a school teacher.

Penalties for Aggravated Assault

Aggravated assault in Georgia is categorized as a felony, and the penalties can be severe. The specific penalties depend on several factors, including the circumstances of the crime, the defendant’s criminal history, and the victim’s status. Here is an overview of potential penalties for aggravated assault:

• Aggravated Assault (Felony):  A person convicted of aggravated assault in Georgia may face imprisonment for a minimum of one year and a maximum of 20 years.
• Aggravated Assault on a Law Enforcement Officer:  If the victim is a law enforcement officer, the minimum prison sentence increases to three years.
• Aggravated Assault on a School Teacher:  If the victim is a school teacher or other school personnel, the minimum sentence is three years.
• Aggravated Assault on a Healthcare Provider:  Assaulting a healthcare provider during their duties can result in a minimum prison sentence of five years.
• Serious Injury or Disfigurement:  If the victim suffers severe injury or disfigurement, the minimum sentence can be increased to five years.

The legal process for aggravated assault cases in Georgia typically involves arrest, charges, a bond hearing, formal arraignment, pretrial proceedings, trial, and potential sentencing. During the process, the accused has the right to legal representation and the opportunity to present a defense.

Can you bond out if charged with aggravated assault? Georgia O.C.G.A. 17-6-1 13 crimes that are "non-bailable" and the list includes aggravated assault. In some cases a Superior Court judge may find a way to set bail, but don’t count on it.

The First Offender Act may be available if you’ve never been arrested for a felony crime. A top defense lawyer can let you know if this can happen for you.

The potential outcomes range from having charges dropped and the case dismissed, to fines and years in prison.

Defenses for Aggravated Assault

Various defenses can be employed in an aggravated assault case. These defenses include self-defense, lack of intent, and mistaken identity. A skilled defense attorney can evaluate the circumstances of the case and determine the most suitable strategy.

The Law – GA § 16-5-21 Aggravated Assault

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;
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.

b. Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.

c. 1. A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:

• A. When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum;
• B. When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person’s body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or
• C. When such assault occurs only involving the use of the person’s body, by imprisonment for not less than five nor more than 20 years.

2. A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.

3. As used in this subsection, the term “firearm” means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.

d. Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

e. Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.

f. Any person who commits the offense 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, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar.

g. Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.

h. Any person who commits the offense 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 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

i. If the offense of aggravated assault is committed between 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, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.

j. Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor 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.

k. A person who knowingly commits the offense 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 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

Conclusion

Aggravated assault is a serious crime in Georgia with severe consequences for those convicted. Understanding the elements of the crime, the potential penalties, and the legal process is crucial for anyone facing such charges.

If you or someone you know is involved in an aggravated assault case, it is advisable to seek legal counsel from an experienced attorney to navigate the complex legal system and protect one’s rights throughout the process.

If you’ve been charged with battery, assault or aggravated assault you should call a lawyer at 678-880-9360.

CREDITS and FOOTNOTES

• Photo by Maxim Hopman, available at Unsplash.com