Aggravated Assault Georgia

Aggravated Assault in Georgia

What is aggravated assault in Georgia?

Aggravated assault in Georgia is defined as the act of assaulting a person with intent to murder, rape, or rob that person.

Is Aggravated Assault a Felony in Georgia

The offense is a felony which, upon conviction, brings a sentence of 1-20 years in prison. A conviction for an incident that was not especially violent would probably get a lighter sentence. The law provides for aggressive prosecution if any of several circumstances apply to the case.

Aggravated Assault with a Deadly Weapon

Per Georgia law OCGA 16-5-21, 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. This includes any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation. Additionally, this includes acts of a person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Aggravated Assault in Georgia First Offender

Can you avoid prison as a First Offender? For anyone without a conviction record, and who is facing most felony charges, you may be able to avoid prison with a form of alternative sentencing in Georgia. Our law firm has a great success rate at securing the benefits of the First Offender Act for our clients.

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

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