Aggravated assault is one of the most serious violent crimes under Georgia law. That much is clear. But many other aspects of aggravated assault are unclear. Whether you are trying to understand the legal system, protect your rights, or simply educate yourself, it’s important to know how Georgia defines this offense, potential penalties, and how it differs from simple assault.
This guide breaks down everything you need to know about aggravated assault in Georgia in clear, practical terms.
Even the high school valedictorian shouldn’t try to understand a textbook unless a teacher guides him/her through the book. Likewise, even a person with a genius-level IQ shouldn’t try to understand aggravated assault unless a Marietta criminal defense lawyer guides him/her through the process.
Aggravated assault is not just a serious offense that’s difficult to understand. At one time or another, this offense touches everyone, either directly or indirectly. That’s the main reason we put together this comprehensive guide to aggravated assault.
Nuts and Bolts of Aggravated Assault in Georgia
Under Georgia law, aggravated assault is a more severe form of assault that involves intent to cause serious harm or the use of a deadly weapon. While simple assault may involve threats or minor attempts to harm someone, aggravated assault escalates the situation significantly.
In Cobb County and most other parts of Georgia, aggravated assault charges could hold up in court if the defendant:
- Attempts to cause serious bodily injury to another person (usually, SBI is a severe injury that sends someone to a hospital emergency room),
- Uses a deadly weapon or any object that could cause serious harm (more on that below),
- Discharges a firearm at someone (even if no one is hit), or
- Assaults someone with the intent to rob, rape, or murder that person or another person (e.g. if you wanna hurt Jim, you’ve gotta get through me).
Georgia’s aggravated assault law is a bit different from similar laws in other states. Georgia law focuses heavily on both intent and circumstances. As a result, even actions that don’t result in physical injury can still qualify as aggravated assault.
What Qualifies as a Deadly Weapon?
One key factor in aggravated assault cases is the use of a deadly weapon. Many people assume this phrase only refers to firearms or other instruments designed to seriously injure people. But Georgia law takes a broader view. A deadly weapon can be:
- Guns or firearms,
- Knives or sharp objects,
- Baseball bats or blunt instruments,
- Vehicles used to intentionally harm someone, or
- Any object used in a way that could cause serious injury.
Once again, intent and circumstances are key. Sally can use a frying pan to make an omelet or commit aggravated assault.
Aggravated Assault vs. Simple Assault
For defendants, alleged victims, and Marietta criminal defense lawyers alike, understanding the difference between simple and aggravated assault is crucial.
Simple Assault
In Georgia, simple assault is threatening harm (if the defendant has the apparent ability to carry out that threat) or attempting to harm someone.
The defendant cannot threaten serious injury, unless that threat is an idle threat to knock someone into next week. Furthermore, the defendant cannot use a weapon, which as discussed above, could be almost any object bigger than a thimble or sharper than a safety pin.
Simple assault, a misdemeanor, has fewer direct and collateral consequences. Felonies, like aggravated assault, carry more severe penalties than misdemeanors, like simple assault. Furthermore, when employers or other people see assault convictions, they often picture a heated argument that got a little too heated.
Aggravated Assault
We discussed many of the difference between simple assault and aggravated assault above. One difference we didn’t discuss is the context. If an assault occurs in the course of a robbery or other offense, prosecutors can automatically upgrade the offense to aggravated assault.
The basic maximum penalty for aggravated assault is one to twenty years in prison and/or a maximum $100,000 fine. Probation is usually available in these cases. Various enhancements involve mandatory minimum sentences. These enhancements include:
- Rape of a child under 14 has a MM 25 years; the law also increases the maximum penalty to 50 years in these cases,
- Assault on a public safety officer with a firearm is a MM 10 years; without a firearm, the MM is five years,
- Assault on a correctional officer/transit operator is a MM five years, and
- Family Violence assault cases is a MM 3 years.
The protected government official enhancement only applies if that official was carrying out his/her official duties at the time. So, the enhancement doesn’t apply if the public safety officer illegally detained the defendant or if the transit operator was moonlighting as a tour bus driver.
The indirect consequences of aggravated assault are much worse as well. Many people equate aggravated assault with an out-of-control Incredible Hulk attack.
Family violence aggravated assault cases often have legal indirect consequences as well, such as restraining orders or poor results in family law matters. Usually, the alleged victim must be a spouse, partner, or family member.
Possible Defenses to Aggravated Assault
Being charged with aggravated assault does not automatically mean a conviction. Several legal defenses may apply, depending on the circumstances. They include:
- Procedural Defenses: We mentioned illegal stops as a defense to enhancements above. An illegal stop could also be a defense to the underlying charge, as could an illegal interrogation.
- Self-Defense: Georgia law allows individuals to use reasonable force to protect themselves, other people, or property. The defendant’s response must be proportional to the perceived threat.
- Lack of Intent: If there was no intent to cause serious harm (e.g. John pushes Steve over, and Steve hits his head on a rock), the charge may be reduced or dismissed. Furthermore, if the defendant was intoxicated, s/he may be unable to formulate the necessary intent as a matter of law.
- Mistaken Identity: Police officers rarely witness aggravated assaults firsthand. So, prosecutors must rely on eyewitnesses who have normally never testified in court before and certainly aren’t professional witnesses. A Marietta criminal defense lawyer can use shaky eyewitness testimony to create a reasonable doubt as to the charges.
- False Accusations: Disputes or personal conflicts often prompt alleged victims to exaggerate their stories or fabricate these events altogether.
These defenses are more likely to be successful if the defendant remains silent during questioning and doesn’t discuss the case with anyone, partners with a Marietta criminal defense lawyer ASAP, avoids contact with the alleged victim, and saves any messages, photos, or witness information that may support a defense.
Aggravated assault charges are scary, but they aren’t the end of the world. For a free consultation with an experienced criminal defense attorney in Marietta, contact the Phillips Law Firm, LLC. Convenient payment plans are available.
