The state of Georgia takes violent crimes seriously and punishes offenders harshly. If you are currently facing a criminal charge of aggravated assault, you need to speak to a Blue Ridge criminal defense lawyer immediately. The penalty for aggravated assault is steep, but an attorney can help protect you from the charges.
The team at Speights Law has been protecting the rights of the accused in Georgia for nearly 25 years. We understand how a criminal conviction can upend your life and will work tirelessly to secure the best possible outcome in your case, whether it’s an acquittal, charge reduction, or case dismissal.
Contact us today for a free case consultation with an aggravated assault defense lawyer in Blue Ridge.
Why You Need a Criminal Defense Lawyer for an Aggravated Assault Charge
Many of our clients wonder if they need a criminal defense lawyer. They might think that hiring an attorney is a tacit admission of guilt. After all, if you are innocent, why would you need to hire a lawyer?
The reality is that the US criminal justice system is imperfect. People get accused of crimes they didn’t commit, and the law can overstep its bounds when investigating and charging crimes—especially felony crimes like aggravated assault. The police can mishandle evidence and may not follow official procedure when arresting suspects.
A Blue Ridge serious felonies defense lawyer can ensure that the prosecution respects your constitutional rights and that all court procedures are followed to the T. They can represent you during a trial to defend you against charges, or work with the prosecution to negotiate a charge reduction.
Ultimately, a criminal defense lawyer can work to secure the best possible outcome in your case and preserve your freedom and liberties to the greatest possible extent.
Definition of Aggravated Assault in Georgia
Georgia law defines simple assault as an act that attempts to cause violent injury to another person or causes someone to reasonably believe they are in danger. Simple assault is usually charged as a misdemeanor.
Aggravated assault is a more serious charge than simple assault. O.C.G.A. 16-5-21 defines aggravated assault as any of the following:
- Assault with the intent to murder, rape, or rob
- Assault with a deadly weapon or object/device/instrument that can cause severe bodily harm
- Assault with an object/device/instrument that can result in or actually results in strangulation
- Discharging a firearm inside a motor vehicle or just after exiting while aiming at a person, other vehicle, or occupied building
Penalties for Aggravated Assault in Blue Ridge
Aggravated assault is typically charged as a felony, which carries much more severe penalties than a misdemeanor. A felony in Georgia can carry a prison sentence between one and 20 years, depending on the circumstances of the crime.
Factors that affect the prison sentence for aggravated assault include:
- Weapon type. If the assault was with a deadly weapon, like a firearm or knife, the penalties can be greatly enhanced.
- Intent. Sentencing also accounts for the convicted’s intent—i.e., whether they intended to rob or kill the victim.
- Victim’s identity. Assault against specific demographics, like the elderly or law enforcement officers, is punished more harshly.
- Prior convictions. A history of prior convictions can lead to heavier sentencing for violent crimes like aggravated assault.
In addition to prison sentences, individuals convicted of aggravated assault could face civil penalties and lose their right to own a firearm. A felony conviction can also affect who gets custody in family law disputes.
Defenses Against Aggravated Assault Charges
There are a few general argument patterns a Blue Ridge aggravated assault defense lawyer could use to defend against the charges:
- Lack of intent. Your attorney could argue that you lacked the required criminal intent for a charge of aggravated assault. This may be a viable path to reduce a charge of aggravated assault to simple assault.
- Self–defense. An attorney can make an affirmative defense and argue that you acted to protect yourself or another person from immediate bodily harm.
- False accusation. You could also argue that you didn’t commit the crime and that you’ve been falsely accused, whether intentionally or because of mistaken identity.
- Plea deal. In some cases, your attorney can negotiate with the prosecution to secure a lesser charge in exchange for a guilty plea.
Contact a Blue Ridge Aggravated Assault Defense Lawyer From Speights Law
An accusation of a violent crime is a serious matter and merits a serious legal defense. The attorneys at Speights Law have over 120 years of combined experience protecting the rights of Georgia residents.
We know what it takes to defend our clients and will do everything in our power to safeguard your liberty, privileges, and reputation.
Contact us online or reach out by phone today to speak with an aggravated assault defense lawyer in Blue Ridge. Your freedoms may hang in the balance, so don’t delay.