Aggravated Assault Defense Lawyer

What is Aggravated Assault?

In Georgia, aggravated assault is defined as an assault with the intent to rob, rape, or murder another person. Aggravated assault can occur by the use of an object that is likely to inflict serious injury or a deadly weapon.

Another form of aggravated assault can involve an accused person discharging a firearm in the direction of another from within a vehicle without legal justification.

What separates aggravated assault from simple assault is the dangerousness of the assault.

What Are the Penalties for Aggravated Assault in Georgia?

In Georgia, aggravated assault is treated as a serious felony offense with severe penalties.

Aggravated assault charges typically arise when an assault involves the use of a deadly weapon, an intent to commit a serious crime, or occurs under particularly violent or threatening circumstances.

Here’s a breakdown of the potential consequences for aggravated assault in Georgia:

1. Basic Penalties for Aggravated Assault

• Imprisonment: A guilty verdict for aggravated assault in Georgia generally carries a prison sentence ranging from 1 to 20 years, depending on the specific circumstances and severity of the criminal charges. 
• Fines: In addition to imprisonment, those convicted may face substantial fines, which vary based on the details of the case.

2. Aggravated Assault Penalties Involving Specific Circumstances

• Against a Law Enforcement Officer or Public Official: If the aggravated assault is against a police officer, correctional officer, or other public safety official while they are performing their duties, the penalty increases significantly. A conviction can lead to 5 to 20 years in prison.
• With Intent to Commit Certain Crimes: If the assault is committed with intent to commit a specific violent crime, such as robbery or rape, penalties can also range from 10 to 20 years in prison.
• Using a Firearm or Deadly Weapon: Aggravated assault involving a firearm or another deadly weapon usually receives harsher penalties, such as felony charges and between 5 to 20 years in prison.

3. Aggravated Assault in Domestic Violence Cases

• When domestic assault occurs (against a spouse, child, or household member), it is often subject to additional scrutiny and penalties. Felony convictions may include not only imprisonment and fines but also mandatory counseling, restraining orders, and potential loss of child custody rights.

4. Aggravated Assault on School Property or Against School Personnel

• If an aggravated assault occurs on school property or involves school personnel, the offender can face 5 to 20 years in prison.

5. Sentencing Enhancements and Parole Eligibility

• Repeat Offenders: Those with prior convictions for violent felonies or aggravated assault may face longer sentences or life in prison and are less likely to be eligible for early parole.
• Parole Restrictions: Certain aggravated assault convictions may restrict eligibility for parole, especially in cases involving firearms, severe injury, or assaults against public officials.

6. Collateral Consequences of an Aggravated Assault Conviction

• Loss of Voting and Gun Ownership Rights: Convicted felons in Georgia have harsh penalties, losing their right to vote while serving their sentence, and are prohibited from owning or possessing firearms.
• Difficulty in Employment and Housing: Having a felony record can make finding a job or housing difficult, as many employers and landlords perform background checks.
• Professional Licenses: Those holding professional licenses may lose their licenses upon conviction, affecting their careers long-term.

How Can An Aggravated Assault Defense Lawyer Help?

An aggravated assault lawyer plays a critical role in navigating the legal process, protecting the rights of the accused, and working to reduce or dismiss charges.

Here are some common defenses an assault attorney may use: 

1. Evaluate the Evidence and Case Details

• Analyze Evidence: When facing an assault allegation, a defense attorney will thoroughly review the evidence,  interview witnesses, and gather police reports, surveillance footage, and any forensic information to find weaknesses in the prosecution’s case.
• Challenge Procedural Errors: If law enforcement makes mistakes during the arrest or investigation, such as violating search and seizure laws, a criminal lawyer will provide an aggressive defense to have key evidence suppressed.

2. Develop a Defense Strategy

• Self-Defense: If the defendant acted to protect themselves, the legal professional helping with their case may argue self-defense, which requires showing the defendant had reasonable belief that they were in imminent danger and used only necessary force.
• Defense of Others: If the defendant acted to protect someone else, this could serve as a defense if they can demonstrate that the threat was legitimate and immediate.
• Lack of Intent: Aggravated assault charges require intent, especially if the offense is committed with a weapon or with the intent to cause serious harm. A defense attorney might argue that there was no assault with intent.
• Misidentification: If there is weak or unclear evidence linking the defendant to the crime, the attorney may argue that they were misidentified as the assailant.

3. Negotiate with Prosecutors

• Seek Reduced Charges: An experienced criminal defense lawyer may negotiate with prosecutors to reduce charges to simple assault or another lesser misdemeanor assault charge, potentially resulting in lighter penalties.
• Plea Bargains: If the case is strong against the defendant, an attorney may work to secure a plea deal that reduces the charges or leads to a lesser sentence, such as probation rather than prison time.

4. Represent the Defendant in Court

• Cross-Examine Witnesses: During a trial, a criminal defense attorney will use common defense strategies such as cross-examining witnesses to highlight inconsistencies, challenge credibility, and present alternative interpretations of events.
• Present Expert Testimony: In some cases, a defense attorney may call upon experts (e.g., forensic analysts, psychologists) to provide testimony that counters the prosecution’s evidence or supports the defense’s case.
• Jury Persuasion: A skilled defense attorney understands legal proceedings and knows how to present arguments compellingly and clearly to persuade the jury of the defendant's innocence or raise reasonable doubt.

5. Provide Guidance and Emotional Support

• Explain the Legal Process: Facing an aggravated assault charge can be overwhelming with life-long consequences. An experienced assault charge lawyer will explain each step of the legal process, court procedures, and potential outcomes.
• Provide Objective Advice: Throughout the case, an assault charge lawyer helps the defendant make informed decisions about plea deals, defense strategies, and whether to go to trial, offering a level-headed perspective.

6. Help Mitigate Sentencing if Convicted

• Advocate for Leniency: If a conviction is unavoidable, an attorney can present mitigating factors (such as lack of a prior record, the defendant's background, or remorse shown) to reduce the sentence.
• Alternative Sentencing Options: In some cases, an attorney may advocate for alternative sentencing options, such as probation, community service, or anger management programs instead of jail time.

When you hire an attorney at the Hines Law Firm, the first step is reviewing your case and determining whether or not the prosecution has the evidence needed to convict, whether the police made any errors, why the incident took place, whether the alleged victim was the aggressor, and what strategy will be the most effective.

An experienced aggravated assault defense lawyer at the Hines Law Firm can use the following arguments to fight your charges: