October 9, 2024 • Posted In Criminal Defense
Many people assume the terms “assault”, “aggravated assault”, “battery”, and other similar crimes can be used interchangeably. However, each of these is its own offense and can be prosecuted accordingly. If you have been accused of aggravated assault, the consequences of a conviction will be far more severe than if you were charged with simple assault or battery.
You may need to present a powerful criminal defense strategy if you hope to clear your name and avoid the devastating penalties that are sure to follow if you are found guilty. Here is more about what constitutes an aggravated assault charge in Georgia and the various penalties you could face if you are ultimately convicted.
According to GA Code Section 16-5-21, you can be charged with aggravated assault if you assault someone with the intent to rob, rape, or murder someone else. This is a stark distinction from simple assault charges under GA Code Section 16-5-20, which involved the attempt to cause someone else physical bodily injury.
You can also be charged with aggravated assault if you discharge a firearm towards someone else within a motor vehicle or use an object offensively against someone that could or does result in strangulation.
Since aggravated assault is a felony offense, you can face serious criminal penalties if you are convicted. There is a mandatory minimum one-year prison term, though the state has the authority to impose up to 20 years in prison as your sentence. Additionally, the court system can order you to pay $100,000 in fines.
One of the most serious aggravated assault charges you can face is aggravated assault connected to the rape of a child under the age of 14. Not only could you be charged with aggravated assault, but you could also face statutory rape charges under GA Code Section 16-6-3.
If convicted of aggravated assault in connection with the rape of a child under 14, you could spend no less than 25 years in prison but no more than 50 years in prison. You could expect to pay up to $100,000 in fines and potentially be ordered to register as a sex offender on the Georgia sex offender registry.
You could also face aggravated assault charges against a correctional officer or officer of the court system. If you knowingly or intentionally commit aggravated assault against an officer of the court, such as a court reporter or probation officer, or a correctional officer while they are on duty, you will likely be prosecuted at the felony level. If convicted, you could spend a minimum of five years and a maximum of 20 years in a state prison facility.
Aggravated assault charges are unlikely to qualify for pretrial diversion. This is because you must be a first-time offender charged with a non-violent crime to qualify for pretrial diversion as described under GA Code Section 15-18-80. With this in mind, you may need to work out a plea agreement with the prosecutor or present a powerful defense strategy at trial. You may be able to argue mistake of fact, prosecutorial or police misconduct, lack of intent, or defense of others, depending on the circumstances of your case.
