Aggravated assault is considered a violent crime in Georgia, and one that can have life-altering consequences. When facing such serious charges, you need a dedicated legal defense team that will fight to protect your rights and freedom. Contact Crawford and Boyle, LLC today for a confidential case evaluation. 

How Is Assault Defined in Georgia? 

Georgia Code § 16-5-20 defines the crime of simple assault as attempting to commit a violent injury to someone else or committing an act that places another person in reasonable apprehension of immediately receiving a violent injury. This crime is generally considered a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.

How Is Aggravated Assault Defined in Georgia?

A person commits the crime of aggravated assault, according to O.C.G.A. § 16-5-21, when they assault someone (according to the definition above) under any of the following scenarios:

• With the intent to murder, rape, or rob
• With a deadly weapon or with any object, device, or instrument that, when used offensively against a person, is likely to cause or actually does cause serious bodily injury or strangulation
• By discharging a firearm from a motor vehicle toward a person without legal justification

Each of these terms is defined by Georgia law, so an in-depth knowledge of criminal law is necessary to raise a proper defense. 

What Are the Penalties for Aggravated Assault in Georgia?

For the base offense, aggravated assault is punishable by one to twenty years’ imprisonment. However, different penalties can apply in different situations, such as:

When Against a Public Safety Officer

When the crime is committed against a public safety officer who is working or because of the performance of their official duties, the defendant can be punished by ten to twenty years with a ten-year mandatory minimum, none of which that can be suspended, stayed, probated, deferred, or withheld when the crime involves the discharge of a firearm by a person at least 17 years old. 

When the discharge of a firearm is not involved, the offense is punished by a term of imprisonment of five to twenty years with a mandatory minimum sentence of three years when committed by a person who is at least 17 years old.

The prison sentence can be shorter if the defense attorney and prosecutor agree on that.

Against an Elderly Person

If the crime is committed against a person who is 65 or older, the offense is punished by three to twenty years.

In a Public Transit Vehicle

If the crime is committed in a public transit vehicle or station, the offense is punished by imprisonment for three to twenty years.

Against an Officer of the Court 

When the crime is committed against an officer of the court who is working or because of the performance of their official duties, it is punishable by imprisonment of five to twenty years.

Against an Emergency Health Worker

When the crime is committed against an emergency health worker or healthcare worker when the worker is on a hospital campus to perform their official duties, it is punishable by three to twenty years.

Against a Utility Worker 

When the crime is committed against a utility worker when they are acting within the course and scope of their employment or are performing official duties, the criminal offense is punished by imprisonment of three to twenty years.

When Involving Certain Thefts

The crime is punished by five to twenty years, along with a fine between $50,000 and $200,000 if the offense involves robbing a vehicle engaged in commercial transportation of cargo or a trailer, container, or other equipment attached to it.

When Committed at School

If the offense is committed on school grounds against a student, teacher, or other school personnel, it is punishable by five to twenty years.

When Involving Domestic Violence

The offense is punishable by three to twenty years when it is committed against any of the following people related to the defendant:

• A current or former spouse
• A co-parent
• A parent or stepparent
• A child or stepchild
• A foster parent or foster child 
• Another person who currently or formerly lived in the same household besides siblings

With Intent to Rape a Child

If the crime is committed with the intent to rape a child aged 13 or under, the crime is penalized by 25 to 50 years’ imprisonment.

With the Intent to Rape with Prior Convictions

If the defendant has been convicted of a sexual felony and is then convicted of aggravated assault with the intent, they can be sentenced to life imprisonment or a split sentence with a term of imprisonment followed by probation for life, requiring electronic monitoring. Relevant sexual felonies for sentencing purposes include the following:

• Aggravated assault with the intent to rape
• Kidnapping involving a victim under 14 years of age
• Trafficking an individual in sexual servitude
• Rape
• Aggravated sodomy
• Statutory rape when the defendant is 21 or older
• Child molestation or aggravated child molestation
• Enticing a child for indecent purposes
• Improper sexual contact by a foster parent in the first or second degree by an employee or agent 
• Incest
• Aggravated sexual battery
• Sexual exploitation of children

In addition to the imprisonment and fines mentioned above, a defendant can also be sentenced to community service, probation, and mandatory firearm safety and anger management courses. Additionally, having a criminal record can cause job loss, make it difficult to secure employment, and affect child custody.

What Does a Prosecutor Have to Prove to Win an Aggravated Assault Case in Georgia?

To secure a criminal conviction for aggravated assault, the State must prove, beyond a reasonable doubt, that a demonstration of violence was present, coupled with the apparent present ability to inflict an injury. The threat of injury must be one that would make a reasonable person fear for their safety. They must also prove the additional elements that make the crime go from a simple assault to an aggravated assault, such as:

• The intent to commit murder, rape, or robbery
• The presence of a deadly weapon used during the crime 
• The discharge of a firearm from a motor vehicle

The district attorney may take various steps to secure evidence against the accused, such as: 

• Interviewing the alleged victim and witnesses
• Conducting a thorough investigation into the allegations
• Photographing the scene of the crime
• Securing surveillance video, which might detail the incident
• Securing the victim’s medical records

What Defenses Can I Raise to an Aggravated Assault Charge?

Good criminal defense attorneys conduct independent investigations to determine the best possible defense against assault charges.

Lack of Intent

A viable defense may be that you had no intent to commit the assault or underlying crime or to cause reasonable fear of injury. Your lawyer can interview witnesses, request cell phone records, and try to find evidence that proves your lack of specific intent to cause bodily injury or commit one of the underlying crimes. 

No Deadly Weapon

If you are charged because of the use of a deadly weapon, it can be a defense to show that the weapon is not one usually considered a deadly weapon or likely to result in serious bodily injury. Remember, it is the State’s job to prove each element of the crime. Your criminal attorney can aggressively challenge the evidence against you to show that it falls below the high standard of proof beyond a reasonable doubt.

Self-Defense

Self-defense is one of the most common defenses raised when someone is facing assault or battery charges. This defense asserts that you were only acting to protect yourself. Georgia laws allow people to use force if they reasonably believe it’s necessary to prevent imminent harm. 

A successful self-defense claim demonstrates the following:

• There was a threat of unlawful force or harm against you.
• A reasonable basis for your fear of injury to you was present.
• You did not provoke the threat.
• There was not a reasonable chance for you to escape or retreat.

This type of defense typically begins with filing legal motions for immunity. However, even if your motion is not granted, you can still raise this defense at trial.

Defense of Others

A similar defense to self-defense is the defense of others. Just as you have the right to protect yourself from unlawful harm, you have the right to protect others. If you honestly believed that another person was in danger of being harmed, you stepped in, and you were later charged with aggravated assault, you may be able to assert this defense.

Defense of Property

You also have the right to defend your property by using reasonable force. Defense of property claims are decided on a case-by-case basis. Your criminal defense attorney may argue that force was necessary under the particular circumstances and that the assault charges against you should be dropped.

Consent

If the alleged victim consented to the physical contact or to the fight, you may be able to assert consent as a defense. Just because they got the worse end of the bargain doesn’t transform an activity they consented to into a felony aggravated assault crime.

Lack of Evidence

Remember, it is the prosecution’s burden to prove that you committed the crime by proof beyond a reasonable doubt. An aggressive defense may challenge the state’s evidence, question the credibility of witnesses, and raise questions about police conduct that could allow you to avoid a guilty verdict without having to put on an independent defense. 

Innocence

Actual innocence can be raised as a defense when you did not actually commit the crime that you are charged with. Perhaps it is a matter of mistaken identity in which the victim was attacked, but someone else committed the offense. Or, the victim could have completely made up the allegations, alleging that you committed the crime to get a leg up in a family law case or seek revenge after some perceived slight. 

Other defenses may arise. The primary goal of your criminal defense lawyer is to build a defense in your case based on the specific circumstances involved.

How Can a Criminal Defense Lawyer Help If I’m Facing Aggravated Assault Charges?

When you are facing charges for a felony offense, you need an experienced criminal defense lawyer. By hiring Crawford and Boyle, LLC, you get a dedicated legal team that can:

• Advise you of your legal rights and options
• Help you navigate the criminal justice system
• Conduct witness interviews 
• Request video from the scene of the crime or surrounding areas
• Conduct independent investigations to find out what really happened, rather than relying on the state’s evidence to tell the story
• Investigate reasons why the alleged victim would lie or exaggerate claims
• Argue that criminal charges should be dropped because there was no probable cause or other police conduct violated your constitutional rights
• Negotiate for reduced penalties or charges
• Request a jury trial so that you are judged by a jury of your peers
• Demonstrate why the state’s evidence cannot be trusted
• Use cell phone technology to support alibi or consent claims

When your future and freedom are on the line, don’t try to handle the matter on your own. Hire an experienced Gwinnett County aggravated assault lawyer from Crawford and Boyle, LLC. 

Contact Our Criminal Defense Lawyers for an Initial Consultation  

If you are facing criminal charges for aggravated assault, you should immediately get in contact with a local criminal defense lawyer. Crawford and Boyle, LLC has decades of trial experience defending individuals facing charges for various criminal offenses, including assault, battery, domestic violence, and aggravated assault. We have former prosecutors on our side, so we know how the other side prepares their cases and how to beat them. Contact us today for your case evaluation.