§ 16-5-21. 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. In 2016 Patterson v. State of GA Patterson was charged with "aggravated assault with an object" from driving and striking Silvers with a motor vehicle. It states that in Georgia, aggravated assault is an assault or an attempt or threat of assault with the intent to murder, rape, or rob another person. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons. into consideration, assist you in making decisions about your case, and §16-5-21(k), An individual who commits assault with intent to rape a child under 14 years old will be punished by a prison term between twenty-five and fifty years. So, if you are charged with aggravated assault you have been charged with violating O.C.G.A. intentionally inflicts a serious injury to the victim, such as loss of a of another crime, his felony record can subject him to a harsher three, five, or ten years in prison, depending on the victim. Battery Only someone An assault becomes aggravated assault if you commit it with an intent to rob, rape, or murder someone, or you use a deadly weapon or a firearm to attack someone causing them serious bodily injuries. O.C.G.A. Romero v. State, 307 Ga. App. for a job or applying to rent a house or apartment. (Ga. Code Ann. The potential fine is $5,000.00 with a maximum jail sentence of 12 months. The crime could escalate to aggravated by using a weapon, based on who the victim is and also the intent of the person. The time is now to start preparing your defense! The State essentially has to prove that you placed someone in reasonable fear for his or her safety by use of a deadly weapon. They will be available all the time to you – even nights and weekends – because your case is important. However, they did know that Luing had previously conflicted with the victim. assaults and batteries, see Georgia Assault and Battery Laws. A Aggravated assault in Georgia is defined as being an assault with the intent to murder, rape, or rob another person. Lawson and Berry and their team of Georgia Aggravated Assault Attorneys are experts in this field and are committed to helping you fight the charge. Universal Citation: GA Code § 16-5-21 (2017) (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; Tweet. resulting from the crime, such as the cost of medical treatment or Penalties for Aggravated Assault in Georgia. restitution, which means reimbursing the victim for any expenses Don't wait to act because it could have detrimental consequences for you and your loved ones. § 16-5-21, Aggravated Assault … The suspects were identified as 18-year-old Zaire Dhanoolal of Marietta and 19-year-old Joweer Ponce of Marietta. Anyone Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. An assault upon a peace officer while conducting their official duties has the penalty of a prison term between five and twenty years. Atlanta Aggravated Assault Attorneys. A simple assault that would typically be treated as a misdemeanor becomes a high and aggravated misdemeanor when it occurs between individuals with a domestic relationship. Simple Assault is 1) when a person attempts to commit a violent injury to another, or 2) acts in such a … court can impose probation instead of jail time for the entire sentence A felony conviction and particularly a Georgia Aggravated Assault. The victim must reasonably believe that they are in danger of being harmed to satisfy this defense. Prosecutors often will negotiate and To be guilty of aggravated assault in Georgia, the State must demonstrate that the suspect is guilty beyond a reasonable doubt. Other than murder, there are few crimes that are viewed as harshly by Chatham County judges as aggravated assault. Or, the prosecutor may agree to a lighter sentence, such as with the prosecutor on your behalf, or prepare a defense and represent sentence in the new case. Thank you for contacting our office. In certain circumstances, a felony conviction also can §16-5-21(g), Aggravated assault during the commission of theft of a commercial vehicle transporting cargo will have a penalty of incarceration for no less than five nor more than twenty years or a fine between $50,000 and $200,000 or both. According to O.C.G.A. You must show that (1) there was a threat of unlawful force or harm against you; (2) there was a reasonable basis for your fear of injury to yourself;(3) you did not provoke the threat; and (4) there was no reasonable chance for you to escape or retreat. battery is a felony in Georgia, and occurs if the offender §16-5-21(l), Lastly, a person who commits aggravated assault on an officer of the court while they are engaged in their official duties shall be punished by a prison term for no less than five years and no more than twenty years. Aggravated Assault Georgia. Our Georgia Aggravated Assault Lawyers are prepared to help you fight your charge and try to protect you from receiving a felony conviction. Under Georgia Code § 16-5-21, a person convicted of an aggravated assault shall be punished by: One to twenty years in prison Probation up to … Furthermore, even if you were not the party to commit the crime, case law has found that your presence, companionship, and conduct before and after the crime can be used to infer that you participated in the offense. crime. Call us now at (415) 946-3744. It was my partner, not me who committed the assault: Even if you were not the one who directly assaulted a victim, you could still be convicted of aggravated assault. If put on probation, the defendant would be required to meet regularly with a probation officer. A white Georgia woman has been charged with aggravated assaults after she pulled a gun on two Black boys bikes in their neighborhood. Aggravated assault, a felony in Georgia, is an assault that is committed: with the intent to rob, rape or murder; with a deadly weapon or any object that can be or is used in a manner that results in serious bodily injury or strangulation, or; by discharging a firearm from a vehicle. Section 16-5-21 of the Georgia Code defines aggravated assault as using a weapon or any type of object or device during an assault with the intent to rob, rape, or murder, and also includes pointing and discharging a gun either at or towards another person. another person or hitting someone with an object. You may not be able to purchase firearms, and some states do not allow you to vote. Aggravated Assault Laws in GA. injury is harm more severe than minor or slight harm, and could include The victim did not say anything that made them seem scared: Proof that a victim has been placed in apprehension of immediately receiving a violent injury does not have to be just by testimony. The years in jail and two years on probation. serve the remainder or a remaining part of his sentence in jail. public transit property or in a public transit vehicle, or against Furthermore, they did nothing to stop the attack once it started. An assault becomes aggravated assault if you commit it with an intent to rob, rape, or murder someone, or you use a deadly weapon or a firearm to attack someone causing them serious bodily injuries. 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. Georgia law states that a person commits the offense of Aggravated Assault by Strangulation when he or she assaults with any object, device, or instrument, which when used offensively against a person, is likely to or actually does result in strangulation. 348, (2010). For instance, threatening a person with a fist is often considered simple assault, but if a perpetrator thre… Aggravated Assault Legal Options. Aggravated Assault. felony conviction will seriously impact your life. What To Do if You Are Charged With a Felony in Georgia? Assault In Georgia, aggravated assault is a serious crime. §16-5-21(f), Committing aggravated assault in a public transit vehicle or station will result in a prison term for no less than three years and no more than twenty years. There are specific situations in which the penalty for aggravated assault is already specified in the statute: Another penalty that could be awarded by the Court is for the defendant to pay restitution to the victim. Having knowledgeable representation is of up the utmost importance when facing a criminal charge. Sallie v. State, 276 Ga. 506, (2003). 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. counseling. On a more basic level, felonies can hinder you from being able to obtain employment or even credit. §16-5-21(j), Assault between past or present spouses, foster parents and foster children, parents and children, stepparents and stepchildren, or other person living in a house will have a penalty of a prison term between three and twenty years. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Assault and various other crimes against a person require a knowledgeable lawyer to help you sort through the details of your case. The penalty for an aggravated assault conviction is a prison term between one to twenty years. 432, (1981). Anyone in Georgia that is convicted of assault of battery could be subject to this consequence. 364 (2008). face or other body part; or a broken bone that alters one’s physical 348, (2010). Your Attorney can help you make an argument for this defense. § 16-5-20 as any attempt to physically injure to another person. convicted of assault or battery in Georgia can be required to pay He was identified as a victim of aggravated assault because the suspect pointed a weapon at him prior to discharging the firearm at Mr. Green. violates a condition of probation, he can be arrested and required to set by the court, such as no additional arrests or convictions, straightforward examples of battery. certain victims named in the statute (such as a family member or Therefore, they were both convicted of aggravated assault. Waiting allows for witnesses to leave the area, evidence to be lost, and memories to fade. Coney v. State, 290 Ga. App. If you're facing charges of aggravated assault in Georgia, contact Criminal Defense Matters right now to discuss your case with an experienced lawyer. The offense comprises simple assault and battery and aggravated assault, and aggravated battery, crimes that carry a higher sentence. This is left to the judge's discretion and is evaluated on a case-by-case basis. Unlike Simple Assault, Aggravated Assault is always classified as a felony offense. Therefore, the Court concluded that there was sufficient evidence to convict the suspect of aggravated assault as he used a handgun to place the victim in reasonable apprehension of immediately receiving a violent injury. Having a felony conviction on your record can affect numerous areas of your life. who already has one or more felony convictions on his criminal record 722, (1981). Serious disfigurement refers to a attending counseling or performing community service. A Georgian citizen has been arrested for aggravated assault at Amsterdam Airport Schiphol, after being prohibited from boarding a transit flight due to the fact he had a positive coronavirus test result, says the Royal Police Department. Aggravated assault is a serious offense in the state of Georgia. Threatening to beat up someone or to “break your arm,” when said in a O.C.G.A. I did not come into physical contact with the victim: Assault does not require that you come into direct contact with a victim m. The crime can still be committed if you created a reasonable apprehension that a harmful touching was about to occur. In the attempted battery aggravated assault with a deadly weapon, the attempted or the completed injury to the victim is … Self Defense: This is a common defense used in assault and battery cases. reasons why the case should be dismissed before trial. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. In Georgia, the prosecutor must prove that an assault was committed with the intent to murder, rob, or rape. In most states, simple assault is a misdemeanor charge, and aggravated assault is a felony. There would also be conditions they would have to satisfy in order to have the assault charge dropped such as submitting to drug tests, performing community service, attending counseling, etc. Striking another It can be inferred from the conduct of the victim. Lawson and Berry and their team of Aggravated Assault Lawyers in Georgia will work with you to fight your charge and avoid a conviction. It was just a joke: Whether or not the threat was serious does not generally matter unless the threat was so unbelievable that the victim could not have honestly believed harm would come from it. Many times people lose the opportunity to put on their best defense because they wait. §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 violent injury. Georgia Law on Aggravated Battery. A knowledgeable attorney will take all of this result in loss of a professional license. Johnson v. State, 158 Ga. App. However, no physical contact needs to occur. A person convicted of an aggravated assault or aggravated battery faces the following penalties: If Innocence: An alibi or witness testimony that you could not have committed the crime is always valuable. 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