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Aggravated Assault Defined in Georgia. reasonably causes a person to feel afraid of impending violence. If you're facing charges of aggravated assault in Georgia, contact Criminal Defense Matters right now to discuss your case with an experienced lawyer. court can impose probation instead of jail time for the entire sentence We also offer aggravated assault bail bond purchases to persons outside of Georgia. Serious disfigurement refers to a §16-5-20: A person commits the offense of simple assault when he or she either (1) attempts to commit a violent injury to the person of another; or (2) commits an act which places another in reasonable apprehension of immediately receiving a … Your Georgia Aggravated Assault Attorney will investigate all the details surrounding your case and evaluate your options. (Ga. Code Ann. Thank you for contacting our office. must meet regularly with a probation officer and follow all conditions If you are facing a While these are just some of the defenses your Aggravated Assault Attorney in Georgia could use to help your case, every case is unique, and your Lawyer will evaluate your case to see which defenses will be the best option for your case. the negotiating table. All of these have a direct effect on the successful on your case. Atlanta Aggravated Assault Attorneys. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. are not dismissed, an attorney may be able to negotiate a plea bargain The time is now to start preparing your defense! Peach County Sheriff Terry Deese confirmed that Patricia Compton, 52 has been charged with aggravated assault, child cruelty and terroristic threats connected to the Sunday incident. you at trial if you believe you have been wrongly accused or if there For instance, threatening a person with a fist is often considered simple assault, but if a perpetrator thre… Assault is also any intentional act or threat of action that certain victims named in the statute (such as a family member or Georgia Aggravated Assault Aggravated Assault is the more serious of the assault-related charges, the other being Simple Assault. are no reasonable plea options. Or, the prosecutor may agree to a lighter sentence, such as Unlike Simple Assault, Aggravated Assault is always classified as a felony offense. Aggravated Assault is defined in O.C.G.A. To be guilty of aggravated assault in Georgia, the State must demonstrate that the suspect is guilty beyond a reasonable doubt. The potential fine is $5,000.00 with a maximum jail sentence of 12 months. Aggravated Assault. § 16-5-20 (2010). When Luing one of the accused went into the store, the accused stood by and watched as Luing attacked the store clerk and then ran out of the store when he was done. The severity of injuries or bodily harm that a defendant caused to the victim often determines the penalty if the defendant is convicted in a trial. Copyright ©2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. In most cases, Simple Assault is a misdemeanor offense (although it may be classified as a High and Aggravated Misdemeanor under certain circumstances). The two suspects served as the getaway driver and lookout Luing. Aggravated Assault Legal Options. The 32-year-old man departed from Georgia … However, no physical contact needs to occur. What Should I Do When Pulled Over by the Police in Georgia? 348, (2010). According to O.C.G.A. Therefore, they were both convicted of aggravated assault. § 16-5-21. Penalties and Consequences of Aggravated Assault. battery is a felony in Georgia, and occurs if the offender or after the defendant has spent some time in jail. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. §16-5-21(e), A person who knowingly commits the crime of aggravated assault against a correctional officer while they are engaged in their official duties will be sentenced to a prison term of five to twenty years. Lack of Intent: Aggravated assault requires that the suspect commit the crime with the intent to do so. An aggravated assault charge is considered a felony in Georgia. An assault upon a peace officer while conducting their official duties has the penalty of a prison term between five and twenty years. of another crime, his felony record can subject him to a harsher O.C.G.A. What To Do if You Are Charged With a Felony in Georgia? familiar with the local criminal court system and cases like yours will A physical alteration of the body, such as a visible scar on someone’s protect your rights. The victim must reasonably believe that they are in danger of being harmed to satisfy this defense. What is a Lafler Frye Hearing in Georgia? The victim asked the suspect to leave on some occasions when he suspected drugs were being sold. The accused frequented a convenience store where the victim worked. Our Georgia Aggravated Assault Lawyers are prepared to help you fight your charge and try to protect you from receiving a felony conviction. In the state of Georgia, aggravated assault is classified as a felony and can carry prison terms of not less than one year and no more than 20 years. Jarrell is charged with felony aggravated assault and criminal damage to property along with misdemeanor battery under provisions of the Family Violence Act. O.C.G.A. Additionally, if an individual discharges a firearm from a vehicle or uses a deadly weapon to induce serious bodily injury they may be charged with aggravated assault … A felony conviction and particularly a O.C.G.A. Johnson v. State, 158 Ga. App. This assault may have occurred by use of a deadly weapon or some sort of object (e.g., an aluminum soda or beer can) that is likely to inflict a serious injury. with intent to murder, to rape, or to rob; With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or. On a more basic level, felonies can hinder you from being able to obtain employment or even credit. If a felon is convicted later into consideration, assist you in making decisions about your case, and can be required to serve the maximum sentence for aggravated assault or Georgia Law on Aggravated Battery. O.C.G.A. Defense of Others: This argument is similar to regular self-defense with the only difference being that you must honestly believe that another person is in danger of being harmed. For example, if they began to retreat to safety or started to shield their body. An aggravated assault, which is a felony in the state of Georgia, is carried out with intents to steal from, violate, or end the life of the targeted person. Call us now at (415) 946-3744. In Georgia, aggravated assault is a serious crime. Defense of Property: If you used reasonable force when defending your property, such as your home, then you may have an argument that the assault was justified. Lawson and Berry and their team of Aggravated Assault Lawyers in Georgia will work with you to fight your charge and avoid a conviction. The gun was not loaded: Even if the intended act could not be completed (i.e. Simple Assault is 1) when a person attempts to commit a violent injury to another, or 2) acts in such a … is actual offensive or insulting physical contact, such as punching Based on the evidence, the Court concluded that both suspects knew that Luing was doing since he went into the convenience store with a pipe and he had had an altercation with the store clerk before. However, this is not true. 348, (2010). an offender is guilty of committing an aggravated assault or battery on 364 (2008). What Happens When A Person Misses Their Court Date in Georgia? Aggravated Assault. Aggravated Assault. For information on simple In Georgia, assault and battery crimes consist of simple assault, Copyright © 2020 Law Offices of Richard S. Lawson, Email Virus Distribution, Denial of Service Attacks and Other Conduct Prohibited, Inducement to Install, Copy, or Execute Software Through Misrepresentation Prohibited, Use of Spyware, Browsers, Hijacks and Other Software Prohibited, Differences between False Imprisonment and Kidnapping in Georgia, Malicious Confinement of a Sane Person in an Asylum, Trafficking of Persons for Labor or Sexual Servitude, Acceptance of Office or Employment in More than One Branch of Government, Attempted Murder or Threatening of Witnesses in Official Proceedings, False Acknowledgement, Certificates, or Statements of Appearance or Oath by Officer Authorized to do the Same, Giving a False Name, Address, or Birthdate to a Law Enforcement Officer, Influencing of Legislative Action by State and Local Government Officers and Employees, Obstructing or Hindering Emergency Medical Technicians or Emergency Medical Professionals, Obstructing or Hindering Persons Making Emergency Telephone Calls, Request for an Ambulance When Not Reasonably Needed, Refusal to Obey Official Request at Fire or Other Emergency, Removal or Attempted Removal of Weapon from Public Official, Sale of Real or Personal Property to Political Subdivision, Use of Laser Devices Against Law Enforcement Officer, Advertisement or Solicitation for Participation for Lotteries, Altered Fare Coins, Tokens, Stored Value Cards, Transfers, Transaction Cards, and Tickets without Consent, Avoiding or Interfering with Security Measures, Buying or Selling or Offering to Buy or Sell Human Body Parts, Criminal Conduct Committed in Public Transit, Buses, Rapid Rail Cars, or Stations, Failure to File or Maintain Required Written Reports in Regards to an Abortion, Failure to Post Nicotine Warning in an Establishment Selling Cigarettes, Hijacking a Bus or Rail Vehicle or Boarding an Aircraft, Bus, or Rail Vehicle with Certain Items, Intentionally Interfering with Safety or Traffic Control Devices, Possession, Manufacture, Distribution, or Sale of Low THC Oil, Possession, Manufacture, or Transfer of Gambling Device or Possession of Antique Slot Machines, Removal of Body Parts from Scene of Death or Dismemberment, Solicitation of Another to Gamble with Intent to Defraud or Deceive, Soliciting or Accepting a Bribe to Influence Outcome of Athletic Contests, Sporting Events, or Exhibitions, Abandonment of Dead Dogs Upon Private Property, Crimes Pertaining to People Under 21 Years Old, Permit Violation in Regards to Having Non-Family Members in Car, Teen and Young Adult Traffic Ticket Defense, Criminal Neglect of the Elderly or Disabled, Exploitation and Intimidation of Disabled Adults, Elder Persons, and Residents, Financial Crimes Against the Elderly or Disabled, Neglect to a Disabled Adult, Elder Person, or Resident, Failure to Label Prescription Container of Dangerous Drugs, Obtaining or Attempting to Obtain Dangerous Drugs by Fraud, Forgery, or Concealment of Material Fact, Possession, Manufacture, Delivery, Distribution, or Sale of Counterfeit Substances, Possession, Sale, or Transfer of Model Glue, Prescription Drugs Not in Original Container, Sale, Distribution, or Possession of Dangerous Drugs, Using a Fictitious Name or False Address When Obtaining Drugs, Attempt or Conspiracy to Commit a Drug Related Offense, Manufacturing, Distributing, Dispensing or Possession of Controlled Substances in or Near Public or Private School, Manufacturing, Distributing, Dispensing, or Possession with Intent to Distribute a Controlled Substance, Marijuana, or CounterFeit Substance Near Park or Housing Project, Possession of Cocaine with Intent to Distribute, Possession of Marijuana with Intent to Distribute, Possession of Schedule I or II Drugs with Intent to Distribute, Possession of Substance Containing Ephedrine or Pseudoephedrine, Possession, Sale, or Transfer of Kratom to a Person Under 18 Years of Age in Georgia, Purchase or Sale of Marijuana Flavored Products, Unlawful Distribution of Schedule I or Schedule II Drugs, Unlawful Manufacture, Delivery, Distribution, Possession or Sale of Noncontrolled Substance, Unlawful Manufacture, Distribution, or Possession with Intent to Distribute Imitation Controlled Substances, Use of Communication Facility in Committing or Facilitating Commission of Act Which Constitutes a Felony, Failure to Pay for Natural Products or Chattels, Fraudulent Business Practices Using the Internet or Email, Fraudulently Obtaining or Attempting to Obtain Public Housing or Reduction in Public Housing, Misleading Transmittal and Use of Individual Name, Trade Name, Registered Trademark Logo, Legal or Official Seal, or Copyrighted Symbol Over Computer or Telephone Network, Misrepresenting the Origin or Ownership of Timber or Agriculture Commodities, Unauthorized Use of Financial Transaction Card, Affirmative Defenses to Certain Sexual Crimes, Opprobrious or Abusive Language as a Defense for Battery or Assault, Use of Force in Defense of Other Property. 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