Aggravated Assault in Georgia 2024

Aggravated Assault | GA Code § 16-5-21

What is Aggravated Assault in Georgia?

A person may be charged with the felony offense of aggravated assault when they assault another person(s) with intent to murder, rape, or rob them and use a deadly weapon.

Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon refers to the use of any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury. Additionally, this includes acts of a person or persons without legal justification discharging a firearm from within a motor vehicle toward a person or persons.

What is aggravated assault with a deadly weapon sentence in Georgia?
The sentence will vary depending upon the facts of the case. In some cases, your lawyer may be able to get the charge reduced. If the prosecution achievses a guilty verdict you can expect prison time. The actual sentence may be influenced by any past convictions, and factors which the court finds to be egregious. Among these factors are aggravated assault against a person over 65 years old, a public safety officer, domestic violence, or teacher.

Furthermore, aggravated assault with intent to rape a child (under 14 years of age) will result in a very harsh sentence. The sentence will be at least 25 years, but not more than 50 years. In situations where there are other charges, the time of incarceration may be greatly increased.

Aggravated Assault vs Simple Assault

Simply put, the difference in aggravated assault and simple assault lies in the level of aggression that one person uses against another. The term assault applies to any situation where one person intentionally causes another person to perceive that there is a potential for receiving bodily harm (verbal threats, aggressive posturing or gestures). A simple assault becomes aggravated assault when a person uses a a deadly weapon or any object, device, or instrument which is likely to or actually does result in serious bodily injury. To be charged with aggravated battery there must be evidence of physical harm.

Assault vs. Battery

Criminal charges for assault are not the same as for battery. Both offenses, whether simple or aggravated, are serious charges that can result in jail time. Per the Legal Information Institute website, "Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone." ¹

Aggravated Assault Georgia First Offender

If you have no prior criminal convictions your defense lawyer may be able to get you First Offender treatment.

The First Offender Act is a sentencing option (program) that enables a person with no prior felony conviction to avoid normal prosecution and avoid having a permanent criminal record. Depending on the charges, you may still be required to pay fines or court costs, complete substance abuse counseling, and do community service.

This alternative sentencing in Georgia provides that the State will defer conviction (and a criminal record) pending the successful completion of the program. Not having a criminal record is a huge break that can benefit a person throughout their life.

Sentences and Punishments

What is the minimum sentence for aggravated assault?

Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than 1 year nor more than 20 years.

As mentioned previously, any sentence may be influenced by any past convictions, and factors which the court finds to be egregious. Among these factors are aggravated assault against a person over 65 years old, a public safety officer, family member, or teacher.

Furthermore, aggravated assault with intent to rape a child (under 14 years of age) will result in a very harsh sentence. The sentence will be at least 25 years, but not more than 50 years.

Aggravated Assault Law in Georgia

OCGA Aggravated Assault – O.C.G.A. 16-5-21

1. a. A person commits the offense of aggravated assault when he or she assaults:
   1. With intent to murder, to rape, or to rob;
   2. 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;
   3. With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
   4. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
2. b. Except as provided in subsections (c) through (k) of this Code section, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
3. 1. c. 1. A person who knowingly commits the offense of aggravated assault upon a public safety officer while he or she is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished as follows:
      1. a. When such assault occurs by the discharge of a firearm by a person who is at least 17 years of age, such person shall be punished by imprisonment for not less than ten nor more than 20 years and shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum;
      2. b. When such assault does not involve the discharge of a firearm by a person who is at least 17 years of age, and does not involve only the use of the person’s body, such person shall be punished by imprisonment for not less than five nor more than 20 years and, for persons who are at least 17 years of age, shall be sentenced to a mandatory minimum term of imprisonment of three years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court; provided, however, that in the court’s discretion, the court may depart from such mandatory minimum sentence when the prosecuting attorney and defendant have agreed to a sentence that is below such mandatory minimum; or
      3. c. When such assault occurs only involving the use of the person’s body, by imprisonment for not less than five nor more than 20 years.
   2. 2. A person convicted under this subsection shall be punished, in addition to any term of imprisonment imposed, by a fine as provided by law which shall be at least $2,000.00. With respect to $2,000.00 of the fine imposed, after distributing the surcharges and deductions required by Chapter 21 of Title 15, Code Sections 36-15-9 and 42-8-34, and Title 47, it shall be earmarked for the Georgia State Indemnification Fund for purposes of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9 of Title 45.
   3. 3. As used in this subsection, the term "firearm" means any handgun, rifle, shotgun, or similar device or weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
4. d. Any person who commits the offense of aggravated assault against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
5. e. Any person who commits the offense of aggravated assault in a public transit vehicle or station shall, upon conviction thereof, be punished by imprisonment for not less than three nor more than 20 years.
6. f. Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term “vehicle” includes without limitation any railcar.
7. g. Except as provided in subsection (c) of this Code section, a person convicted of an offense described in paragraph (4) of subsection (a) of this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
8. h. Any person who commits the offense of aggravated assault involving the use of a firearm upon a student or teacher or other school personnel within a school safety zone as defined in Code Section 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
9. i. If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, step-parents and step-children, foster parents and foster children, or other persons excluding siblings living or formerly living in the same household, the defendant shall be punished by imprisonment for not less than three nor more than 20 years.
10. j. Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
11. k. A person who knowingly commits the offense of aggravated assault upon an officer of the court while such officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.

If you’ve been charged with aggravated assault in Georgia, we invite you to schedule a consultation with a defense lawyer. Get answers to your questions, discuss your case and learn about possible outcomes.

CREDITS and FOOTNOTES

• ¹ Staff Writer, "Assault vs Battery", November 15, 2021, Available from Legal Information Institute
• Photo by Mikhail Nilov, available at Pexels