Aggravated Assault O.C.G.A. § 16-5-21
Have you been charged with a physical crime or a violent physical crime?
You need the help of an experienced criminal defense law firm to help you with the charges you are now facing. Many people don't realize that this type of charge, which is considered a physical crime or violent physical crime, can affect the rest of their life. It would now be a part of your criminal history when you apply for a house, a loan, a promotion at work, or a when applying for a new job. An experienced criminal defense attorney can help you control how the charge for Aggravated Assault is treated both in court and in your life.
The state of Georgia (through legislature or court) refers to these crimes as Crimes Against the Person or Crimes Against People.
Many Claims of Assault are serious and no one should deminimize anyone's experience. However, occasions arise where someone, in an argument, will call the police to solve a problem between the two of them, which almost always results in an arrest (even and especially when it was just a misunderstanding between the parties).
There are multiple ways that the government can charge someone with Assault. A review of the Georgia Statutes show that you can be charged under Simple Assault or Aggravated Assault.
The charge of Aggravated Assault depends on the facts and evidence of the case. These facts and evidence that the state will use depend on the arresting officer and his report of the case. In all charges, any type of Assault will involve attempting to strike someone, in any manner, and missing (or not making contact). Many attorneys refer to this type of charge as an intentional act or threat which makes a person fear they are going to be hit.
The Georgia legislature defines and evaluates a Aggravated Assault (O.C.G.A. § 16-5-21) as follows:
This charge occurs when made with the intent to rape murder or rob the victim while using a deadly weapon. You can also be charged by discharging a firearm inside a car toward someone else.
Under this code section this particular charge is a felony. This means, generally that this charge carries more than 1 year in jail (up to 20 years). The toll that it carries involves more than just misdemeanor consequences however.
There are additional situations which can cause this type of charge to be elevated in
- You are charged while pointing a gun at another person, (punishment has a minimum of 5 years nor more than 20 years)
- You are charged on the police (which would require not less than 5 years nor more than 20 years)
- You are charged on a person who is 65 or older (not less than 3 years nor more than 20 years)
- You are charged on a corrections officer (not less than 5 years nor more than 20 years);
- You are charged while using public transit (such as MARTA (Metro Atlanta Rapid Transit Authority), Gwinnett Transit Authority (GTA) or Cobb Transit Authority, (CTA)), (not less than 3 years nor more than 20 years);
- You are charged with theft of commercial cargo (of any sort); punishment changes to a minimum of 5 years nor more than 20 years and the fine changes to a minimum of 50,000.00 nor more than 200,000.00
- You are charged with the offense of assault (or simple assault) AND you are either a past or present spouse (husband and/or wife), are a parent of the same child, children, step parent or step child, foster parent or foster children then the punishment changes to not less than 3 years nor more than 20 years;
- You are charged with intent to rape a child under the age of 14, the punishment changes to not less than 25 years nore more than 40 years and the sentencing provisions and punishment is also subject to 17-10-6.2 (Sex Offender Punishment, including registry)
- You are charged on an officer of the court, the punishment changes to not less than 5 nor more than 20 years in jail.
CAN I GIVE A DEFENSE TO THESE CHARGES?
You need the help of an experienced Criminal Defense Attorney to help you with these charges. Many people don't realize that a charge of Aggravated Assault, which is considered a violent physical crime, can affect their life. It would now be a part of your criminal history when you apply to rent a house, a home loan, and even promotions at work, not to mention applying for a new job. This charge will follow you for the rest of your life and cause issues every time it “pops up.” An experienced criminal defense lawyer can help you with this charge both in how the court treats you and how it effects your future. As former prosecutors, our criminal defense attorneys know and understand that the prosecution, or in almost every case - team of prosecutors, are highly skilled and trained to get a conviction on your case. That means it's time to and hire an experienced criminal defense attorney that knows how to evaluate both sides of the case. Our team of criminal defense lawyers are former prosecutors and know how to mount a proper defense for YOUR charges.
Being charged with Aggravated Assault or any criminal offense does not mean that you have to accept guilt, it means that you need help from a experienced attorney to mount a proper defense.
Our offices have a 24 hour response line (404-445-8494) and someone is available to answer your call and help. Call us now for a free case evaluation.