If you’re facing allegations of aggravated assault in Georgia, it’s imperative to understand that this is not a crime that should be taken lightly. Aggravated assault is a serious crime, carrying intense penalties. Unfortunately, there are many misconceptions surrounding this offense, so it’s critical to understand what warrants aggravated assault charges, the potential penalties you can incur if you are convicted, and how a Cobb County violent crimes lawyer can help represent you if you’re in legal trouble.
How Does Assault Differ From Aggravated Assault?
First and foremost, it’s imperative to understand that assault may not be what you think it is. Typically, many assume physical contact between two people warrants assault charges. However, this action represents battery. Assault is the threat of or the attempt to commit physical harm. As such, if you threaten to hit someone and raise your fist but never actually swing, this constitutes assault. As long as the victim reasonably fears for their health and safety, you can face assault charges.
This crime can become aggravated, or elevated, depending on the circumstances surrounding the assault. Typically, if you commit assault while brandishing a deadly weapon and it results in bodily harm, you discharge a firearm from a moving vehicle, commit assault while using an item intended for strangulation, or you commit an assault with the intent to rape or sexually assault the victim, you can face an aggravated assault charge in Georgia.
What Are the Penalties for Aggravated Assault Charges?
In Georgia, aggravated assault is almost always charged as a felony offense. Because it is a felony, you will face a minimum of one year in prison but the potential for up to twenty years behind bars if you are convicted. However, it’s imperative to understand that you can face additional penalties based on the circumstances of the aggravated assault. These additional considerations include:
- The victim was over 65 years old – you can face an increased minimum sentence of three years with the potential for twenty years.
- The victim is a correctional officer on duty at the time of the assault – changes the sentence to five to twenty years
- The victim is a peace officer on duty at the time of the assault – which increases the potential sentence to five to twenty years
- You committed the assault with the intent to rape a child under 14 – the penalties drastically increase to twenty-five to fifty years in prison
While there are additional circumstances that may apply to your case, these are some of the most common aggravating factors that can impact your already elevated aggravated assault charges.
As you can see, facing this offense is not something that should be taken lightly, as the penalties can be incredibly intense. However, you should understand that you are innocent until proven guilty and have the right to strong legal representation in these matters. That’s why the team at the Miller Law Practice is ready to represent you. Our firm will examine the circumstances of your case to help you navigate these complex issues and fight for the best possible outcome for your case. Connect with us today to learn how we can assist you.