Whether you got into an altercation at a bar or an ex-partner is accusing you of violence, facing aggravated assault charges is not something that should be taken lightly. If you have been charged with this offense, understanding what warrants these charges and the potential penalties you can face if convicted is vital. The following blog explores what you should know about these charges and why you must connect with a Cobb County violent crimes lawyer as soon as possible to explore your legal options.
What Constitutes an Aggravated Assault Charge?
In Georiga, assault is charged to those who attempt to commit an act of violence to another person or put them in a situation in which the victim reasonably suspects they will be subject to violence. It’s important to note that this, which is known as simple assault, does not have to involve physical touching, but even threatening to hurt someone in a menacing or intimidating manner can constitute an assault charge.
However, this can become “aggravated” or more severe when the following circumstances occur:
- You commit assault while using a deadly weapon that results in serious bodily harm
- You commit assault with the intent to commit rape or sexual assault
- You discharge a firearm from inside a motor vehicle toward another person
- You commit assault while using an item that could or is likely to cause strangulation
What Penalties Can I Face?
If you are charged with this crime, it’s essential to understand that it is almost always a felony offense. As such, under Georgia law, you will face a minimum of one year in prison, with the potential for up to twenty years behind bars for this offense.
However, in some instances, you can face even more severe penalties. For example, if you are charged with aggravated assault in connection to the rape of a child under the age of 14, you will face a minimum of 25 years in prison if convicted. Similarly, if your crime is connected to the assault of a correctional officer, you can face a minimum of five years in jail but the potential for twenty.
Are There Any Potential Defenses?
When charged with aggravated assault, taking the necessary steps to learn what potential defenses may work in your favor is critical. Generally, the most important thing you can do to fight for the best outcome is to connect with an experienced lawyer. They can examine the specific circumstances of your case to determine the best course of action.
For example, they may argue that the assault was not your fault because the victim attacked you first and you were acting in self-defense. Additionally, they may be able to prove that the accuser is an ex-partner who fabricated the story.
Regardless, it is imperative to connect with an experienced attorney as soon as you are charged. Unfortunately, this charge can have a serious impact on your life, so doing what you can to mitigate the damage is critical. Connect with the team at the Miller Law Practice today to learn how we will fight for you during these difficult times.