In Georgia, simple assault is both placing a victim in fear of an immediate violent injury and an attempt to inflict a violent injury on an individual. It does not matter if an individual did not suffer an injury as the result of the simple assault. According to Georgia law, a misdemeanor simple assault conviction is one year in county jail and/or $1,000 fine. Another type of criminal assault charge in Georgia is aggravated assault.
What Is Aggravated Assault?
Aggravated assault is an attempted battery done with a deadly weapon, the use of which would result in serious bodily injury. It is also any assault committed with the intent to rob, murder, or rape the victim.
How Is Aggravated Assault Defined in Georgia?
Aggravated assault is defined as the attempt to inflict serious bodily harm on a victim with the intent to rape, murder, or rob while using a deadly weapon.
What Is Considered a Deadly Weapon in Georgia?
A deadly weapon is anything like an instrument, device, or object used to and will like cause serious bodily harm such as:
- Baseball bat
Why Am I Accused of Aggravated Assault When I Only Fired My Gun?
A person may be charged aggravated assault when they discharge a gun from within a motor vehicle toward another person. The person firing the gun must not have legal justification to fire the gun.
What Is the Punishment in Georgia for Aggravated Assault?
In general, a person can receive one to 20 years in prison for committing aggravated assault. However, the minimum sentence that a defendant may face may be longer depending on the circumstances or the victim.
A defendant will face a minimum of three years and a maximum of 20 years in prison if the aggravated assault is committed against:
- A person of 65 years or older
- Another person while both parties are in a public transit vehicle or public transit station
- A current or former spouse
- A biological parent, foster parent, or stepparent of the defendant’s child
- The defendant’s own biological child, foster child, or stepchild
A defendant will face a minimum of five years and a maximum of 20 years if the aggravated assault was committed:
- Against a peace officer while the officer is engaged in their official duties
- By discharging a firearm from within a motor vehicle at a person
- Against an officer of the court, such as a judge or a clerk of the court, while the officer is engaged in their official duties
- By using a firearm upon a student or a teacher or other school personnel within a school safety zone
- Against a correctional officer while the officer is engaged in their official duties
- While attempting to steal a vehicle involved in commercial transportation
If the aggravated assault occurred during an attempt to steal a commercial vehicle, then the defendant may face a fine of between $50,000 and $200,000 in place of or in addition to a prison sentence.
A defendant will face imprisonment of at least 25 years but no more than 50 years if they committed an aggravated assault against a child under 14 years of age while attempting to rape the child.
Do I Need Help with My Assault Case?
Yes. Immediately contact a Georgia lawyer if you are suspected or accused of aggravated assault in Georgia. You will need to start working on defending yourself against the charge right away.