4 Things You Need to Know About Aggravated Assault Laws in Georgia

Have you recently been charged with aggravated assault in the state of Georgia? Do you fear that this could result in jail time or large fines for you and your family? If so, then you need to learn all that you can about aggravated assault laws.

Doing so can help you build your case. By knowing the state laws, you and your criminal defense lawyer can start to determine how your incident was defined and what it means for your defense.

See below for an in-depth guide on all the things that you need to know about an aggravated assault in the state of Georgia.

 

1. It Differs from Battery

Whenever you hear about assault, the term “battery” isn’t too far behind. Even criminal defense lawyers are specialized in assault and battery, leading many to believe that they’re two sides to the same coin.

But what’s the difference between the two? Let’s look at the definitions of both to make sense of it all.

  • Battery: Defined as any form of touching without the other person’s consent. To be considered a battery offense, the convicted party must have intentionally meant to touch the other person, have touched the person in an offensive spot, and lacked the other person’s permission to do so.
  • Assault: a crime that was committed with the intent of harming someone else. This can also pertain to someone that threatened a person without performing physical harm.

Here’s where it gets confusing: assault can sometimes be defined as an attempted battery if there was no contact made.

The main distinction between the two is that battery must involve contact or touching to be convicted of it. If you’ve been charged with battery but never laid hands on the victim, then you and your lawyer could take that angle in your defense.

2. Aggravated Assault Takes Many Forms

Now you know the difference between assault and battery, as well as where the two might be confused for one another. But what is aggravated assault? Did your actions really fall under the correct definition of this crime?

Aggravated assault, by the state of Georgia, refers to any situation in which a person commits an assault with:

  • The intent to murder, rape, or rob another person.
  • Any device, weapon, or instrument used against another person to cause serious bodily harm.
  • Attempt to strangle a person with any object, device, or instrument.
  • Discharging a firearm from a vehicle toward another person without any legal justification of doing so (such as self-defense).

If any of the above refers to what happened in your situation, then you might be found guilty of aggravated assault and face life-altering consequences.

It’s important that you find a trusted criminal defense lawyer to give you the legal defense that you require. Here at Maillet Criminal Law, we have experience on both sides of the courtroom. That allows us to foresee certain obstacles in your trial and proactively build your case to combat them.

We also provide criminal defense for aggravated battery in Georgia, which refers to any situation where you’ve intentionally inflicted serious injury on another person. That includes the loss of a limb, disfigurement, or the inability to use a limb.

3. Know the Penalties

Aggravated assault laws include hefty penalties that can alter the course of a person’s life. Like we said, hiring a criminal defense lawyer can help you build your case and avoid some serious consequences along the way.

That said, it would benefit you to understand what penalties you could face. Anyone convicted of aggravated assault could be in line for:

One thing to note: there are certain minimums for prison time depending on the type of aggravated assault that you’ve committed. For example, the state of

Georgia mentions a minimum of three years for anyone that discharged a firearm from a vehicle.

A minimum of three years in prison is also given to anyone that commits an aggravated assault against a person 65 years or older.

First things first. Hire your Georgia criminal defense attorney and tell them your side of the story. Once you’re done, they’ll get right to work on building evidence for your case.

4. It Takes an Experienced Criminal Defense Lawyer

If you were hoping for your aggravated assault charges to be dropped by the state, we’re sorry to inform you that they won’t be. Such crimes are filed through the government criminal case process, making it impossible to drop.

That said, you can fight and beat the charges against you with the help of an experienced criminal defense lawyer. Make sure the lawyer you hire has extensive experience in the criminal defense realm and specializes in such cases! Don’t leave your fate in the hands of a lawyer that primarily deals with personal injury, traffic violations, etc.

Once we hear your side of the story, we’ll give you legal advice on how to protect your case, then we’ll start to build evidence with our vast network. We’ve helped many Savannah residents in your situation, and are happy to do the same for you.

Our primary goal is to challenge the definition of aggravated assault. Even if you harmed another person, you can fight the notion that you intended to—as Georgia aggravated assault laws state—”intend to murder, rape, or rob” the claimant.

Regardless of what route we take, it all starts with an initial phone call. We’ll quickly show you why we’re the best criminal defense firm in the state.

Fight Your Aggravated Assault Charges in Georgia Today

Now that you have seen an in-depth guide on the many things you need to know about aggravated assault laws in the state of Georgia, be sure to use this information wisely. To get started, please feel free to call us directly at 912-713-3426 and we will be happy to assist you further.