Aggravated assault is a serious criminal offense in Georgia that carries serious consequences. As such, it is essential to understand the legal implications of this serious crime and the potential defense strategies that a person may have if accused.
Seasoned criminal defense attorneys are uniquely positioned to provide insight into the complexities of aggravated assault and explain this charge’s legal aspects. Their knowledge and experience can help defendants understand the risks and potential outcomes of their case and can help them make informed decisions about their defense.
This article will provide an overview of aggravated assault, including what it is and the elements of the offense. This way, you will know what to do if you are accused of such a crime.
What Is Aggravated Assault?
Aggravated assault is a serious criminal offense in Georgia and is legally defined by Georgia Code Section 16-5-23. A seasoned criminal defense attorney understands the nuances of this law and is prepared to assist clients in navigating the legal system.
Aggravated assault is defined as an attack with the intent to cause serious bodily harm. The offense applies when a person intentionally causes bodily injury to another person with a deadly weapon or commits a battery that results in serious injury.
The law also covers situations where a person attempts to commit battery with a deadly weapon, even if no physical contact is made. Additionally, individuals can be charged with aggravated assault if they display a weapon in a threatening manner and the victim reasonably believes that the weapon will be used against them.
The prosecution must prove that the defendant intended to cause serious bodily harm to another person to convict a defendant of aggravated assault. The penalty for a conviction of aggravated assault can range from a fine to imprisonment for up to twenty years. A conviction may result in a life sentence in cases involving a deadly weapon.
Due to the severity of the penalties associated with aggravated assault, it is essential to contact an experienced criminal defense attorney. A lawyer can evaluate the facts of the case, build a defense strategy, and represent the defendant in court. They have the knowledge and experience to protect the defendant’s rights throughout the legal process.
What Is the Difference between Assault and Aggravated Assault?
In Georgia, assault and aggravated assault are two distinct criminal offenses. Though they are similar in many ways, they are different in terms of the severity of the crime and the possible punishments that could be imposed.
Assault is defined in Georgia as attempting to physically harm another person without their consent. It can take the form of any action intended to cause physical injury, such as punching, kicking, or pushing. It is important to note that actual physical contact does not have to occur for an assault to be committed. Even if the attempt is unsuccessful, simply attempting to harm another person is still considered an assault in Georgia.
Aggravated assault takes the offense of assault to the next level. It is defined as an attempt to physically harm another person with a deadly weapon or with the intent to cause serious bodily harm. Using a deadly weapon in an assault, such as a knife or gun, is considered an aggravated assault. Additionally, an assault can be aggravated if the person intends to cause serious bodily harm to the victim, such as disfigurement or disability.
The punishments for these two offenses are also quite different. An assault is considered a misdemeanor in Georgia, and the possible penalties include fines and up to one year in jail. Aggravated assault, on the other hand, is regarded as a felony, and the potential punishments can consist of up to 20 years in prison and hefty fines.
If you are charged with aggravated assault in Georgia, you should contact a seasoned criminal defense attorney to defend you. An experienced lawyer can provide you with the legal expertise and resources needed to build a solid defense and successfully navigate the complexities of the criminal justice system. A skilled attorney can also work to reduce the severity of any potential charges or penalties.
If you have been charged with aggravated assault in Monroe, Georgia, you should seek legal representation from a seasoned criminal defense attorney from Monroe, GA. There is no better team to help you than Hanks, Ballard & Barth. We are seasoned lawyers ready to help in this turbulent time, so contact us now!