September 14, 2025 • Posted In White Collar Crime
Georgia laws and sentencing guidelines impose strict sentencing for some offenses if you have prior convictions. Contesting a prior conviction’s relevance in an assault case and defending against current allegations may significantly improve the outcome of an assault case. Legal options may also exist to prevent considerations of prior convictions in sentencing for assault.
Assault charges can lead to a misdemeanor or felony conviction. A court’s ruling in an assault case, in addition to the type of prior convictions on your record, will determine whether enhancements or recidivist provisions in Georgia will apply to your sentencing.
In general, prior felony convictions or a potential felony assault conviction significantly impacts other potential criminal cases. Protecting your legal rights if you are accused of assault in Georgia is pivotal to sentencing outcomes. Using prior convictions, even those from out of state, can enhance sentencing or impose a mandatory sentencing guideline.
A prior felony conviction can result in a judge imposing a maximum sentence in a felony assault case under Georgia’s recidivist provision in O.C.G.A. §17-10-7(a). Recidivists commit subsequent crimes after experiencing punishment for a previous crime.
The law generally requires a judge to impose maximum sentencing in these cases. While judges do have some discretion in sentencing, enhancements in sentencing for assault in Georgia can lead to more stringent penalties. Representation can be vital to the outcome of an assault case if you already have prior convictions on your record.
Having three prior felony convictions requires a judge to impose the maximum prison sentence should a fourth conviction occur. Prior convictions under the three strikes rule (§17-10-7(c)) result in ineligibility for early prison release. Prior convictions mean serving an entire sentence when the three-strikes rule applies. A crime’s severity level will impact maximum sentencing.
A two-strikes rule applies to serious violent felonies. A prior conviction for a serious violent felony may result in life in prison in an assault case when an assault is also determined to be a serious violent felony. The consequences for aggravated assault are severe.
When aggravated assault qualifies as a serious violent felony, a prior conviction of a serious violent felony results in the strictest punishment. Imprisonment for the remainder of natural life, or in some instances, the death penalty may occur.
The potential for negotiating more lenient terms or reduced charges for an assault conviction may lessen with prior convictions. A prosecutor can use other convictions as leverage to prove that your actions warrant a particular level of punishment. Whether prior convictions are state or federal charges also impacts an assault case in Georgia.
Complex criminal laws apply to prior convictions and an assault case. A criminal defense lawyer in Georgia can explain your options for mitigating prior convictions through expungement or record sealing, when possible.
Other strategic legal defenses may significantly improve your case’s outcome. Exploring your defense options can make the difference in the result of an assault case when prior convictions are on your record.
