Dealing with An Aggravated Assault Charge in Georgia
While it is a felony with serious consequences, the charge of Aggravated Assault is not uncommon in Georgia. Here are the ways in which you can be charged in Georgia:
(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) 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;
(3) With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
(4) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
An assault is defined as an attempt to commit a violent injury to the person of another; orcommits an act which places another in reasonable apprehension of immediately receiving a violent injury.
While firearms and knives are more obviously considered objects or devices to actually or likely cause serious bodily injury, the law can also include automobiles, or common household items like a chair or vase.
The sentencing range for aggravated assault is 1-20 years, but there are increased minimums if the victim is 65 years or older, is family or lives in the same household, or the incident occurs in a public transit station. There is also a minimum of 10 years with no probation if it involves the discharge of a firearm.
It's important to note that hands can be considered likely to cause serious bodily injury, particularly when there is an allegation of strangulation.
Self defense or justification can be an important defense to these charges, as well as the State having the burden of proof to prove the charges beyond a reasonable doubt. This is particularly true when the State has to prove the intent to murder, rape, or rob.
If you're charged with Aggravated Assault in Georgia, contact Kyle Jarzmik.