Georgia Assault Defense Lawyer
Sometimes we act out of passion or anger, saying words or taking action we wish we could immediately take back. Even the most level-headed person can act rashly or even violently in certain situations. Unfortunately, these cases can result in the committing of a crime. Assault is a very serious crime in the state of Georgia. It is often combined with “battery,” but these are two different crimes. In addition, there are times when assault is escalated to “aggravated assault.” No matter the situation, you need an experienced Georgia assault defense lawyer by your side.
According to Georgia Code 16-5-20, simple assault is the most minor form of the crime. It occurs when one person makes an attempt to injure another person violently. In addition, it may also apply to instances in which the perpetrator makes threats or otherwise acts against the victim in such a way that they feel they are in immediate danger of violent injury.
The penalty for simple assault is usually a misdemeanor. There are instances in which the misdemeanor is considered “of a high and aggravated nature”:
- When the assault happens on public transportation
- When the assault is against a relative and is considered domestic violence
- When the victim is 65 years or older
- When the victim is an employee of a public school and is assaulted while performing their official duties
- When the victim is pregnant
The punishment for the misdemeanor of a simple assault is fines up to $1,000 and up to one year in prison. For misdemeanors of a high and aggravated nature, the fines increase to no more than $5,000. Due to the severity of these consequences, having an attorney from Hawkins Spizman Kilgo representing you is imperative.
As the name implies, aggravated assault is more serious than simple assault. According to Georgia Code 16-5-21, assault becomes aggravated when the perpetrator had the intent to rob, rape or murder. It may also be considered aggravated when a weapon or item is used that can be considered deadly or can otherwise cause serious bodily harm. This includes firing a gun from within a vehicle toward someone without legal justification.
In general, an aggravated assault conviction comes with a prison sentence of no less and one year, but no more than 20 years. However, there are exceptions to this rule. These include:
- Aggravated assault against an officer of the peace or a correctional officer while they are performing their official duties is punishable by 5 to 20 years in prison.
- Aggravated assault of a victim over 65 years old is punishable by 3 to 20 years.
- Aggravated assault while taking public transportation is punishable by 3 to 20 years.
- Aggravated assault upon a commercial driver in which theft of their vehicle was the goal is punishable by 5 to 20 years in prison and/or a fine of $50,000 to $200,000.
- Aggravated assault with a firearm against a student or teacher on school grounds is punishable by 5 to 20 years in prison.
- Aggravated assault that falls under the umbrella of domestic violence is punishable by 3 to 20 years.
- Aggravated assault with attempt to rape a child under the age of 14 is punishable by 25 to 50 years in prison.
Contact a Georgia Assault Defense Lawyer Today
Assault charges are nothing to sneeze at. Being convicted can land you in prison for many years, or will at least put a dent in your wallet. You need experienced Georgia assault defense lawyer by your side to represent you and potentially have the charges reduced — or even dropped. If you have been charged with assault in Atlanta, simple or aggravated, call Hawkins Spizman Kilgo at 770-685-6400 for a free case evaluation today.