Our Savannah, Georgia criminal defense attorneys understand the gravity of a charge for the crime of aggravated assault. A conviction can result in long term confinement in prison and, ultimately, the destruction of a person’s life. These consequences usually reach beyond the accused and impact the accused’s family and friends. Contrary to what some might believe, the alleged victim of an aggravated assault does not have to be injured. Therefore, a person can be charged with aggravated assault even if no one was physically injured. For all these reasons, we approach each individual case with these consequences at the forefront of our strategy and decision-making.
If you or someone you know has been charged with an aggravated assault, give our Savannah, Georgia Criminal Defense attorneys a call today to schedule a consultation. We pledge to provide a thorough and zealous defense to every client we represent and will work diligently to protect your rights in the courtroom. We take seriously the principle that the State has the burden of proof and that the defendant is presumed to be innocent until theState satisfies its burden beyond a reasonable doubt. We will hold the State to its burden for every client we represent.
Call us today at 912-401-8880 or fill our contact form below.
Punishment for Conviction of Aggravated Assault
In Georgia, the crime of aggravated assault is a very serious crime that carries very serious consequences upon a conviction. Aggravated assault is defined broadly in the Georgia statute. Under OCGA 16-5-21, a person commits aggravated assault when he assaults another person in the following three ways:
- with intent to murder, to rape, or to rob;
- with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
- without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Aggravated assault is classified as a felony under Georgia law and carries with it the punishment of imprisonment for not less than one year and not more than twenty years. However the following situations will increase the amount of imprisonment required:
- If the victim of the alleged assault is 65 years of age or older, the term of imprisonment is not less than three years and not more than twenty years.
- If the crime of aggravated assault is knowingly committed against a police officer who is engaged in official duties as a police officer the term of imprisonment is not less than five years nor more than twenty years. The same term applies if the aggravated assault is committed against a correctional officer.
- If an aggravated assault occurs in a public transit vehicle or station, the term of imprisonment is for not less than three years nor more than twenty years.
- If the crime of aggravated assault is committed while in the course of a committing the crime of theft by taking and the item stolen was a commercial transportation vehicle, upon conviction, the punishment shall include imprisonment for not less than five years and not more than twenty years. This crime includes a minimum fine of $50,000 and not more than $200,000. or both fine and imprisonment.
- If the aggravated assault involves the firing of a gun without legal justification from within a vehicle toward a person, the term of imprisonment is for not less than five years nor more than twenty years.
- If an aggravated assault is committed using a firearm against a student or teacher or other school personnel, within a school zone, punishment shall include imprisonment of not less than five years nor mort than twenty years.
- If the aggravated assault is committed against a person whose relationship qualifies under the Family Violence Act, punishment shall range from not less than three years imprisonment and not more than twenty years imprisonment.
- If the aggravated assault is committed against a child under the age of 14 and the assault is committed with the intent to rape the child, the punishment shall range from not less than 25 years nor more than 50 years.
- If the crime of aggravated assault is committed against an officer of the court while the victim is engaged in, or on account of the performance of, his or her official duties, punishment shall range from not less than five years imprisonment and not more than twenty years.