Trusted Aggravated Assault Lawyers
Need a skilled aggravated assault attorney? Our experienced legal team is here to protect your rights and provide expert defense. Contact us today.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on January 07, 2021, last updated on May 22, 2024.
Speak with experienced Aggravated Assault Attorneys today, for free.
WHY YOU NEED AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY
Under criminal law, an attempt to cause physical injury to another person is called aggravated assault. Some factors that turn an assault into an aggravated assault include using a weapon, the victim’s status, the intent behind the assault, and how badly the alleged victim was injured.
If you are accused of this form of assault, you can expect multiple degrees of charges to be brought up against you. Such criminal charges can lead to legal and otherwise serious consequences, with potential penalties for aggravated assault, including fines and up to 20 years in prison.
If you face aggravated assault charges, you must contact an experienced criminal defense attorney immediately. Reach out to Conoscienti & Ledbetter today for an attorney-client relationship.
What Is Aggravated Assault?
Aggravated assault is an attempt to cause serious bodily injury to another person or the threat of causing such harm. It can also involve attempting to commit murder or trying to inflict serious injury with a deadly weapon.
States have different classifications for assaults that occur. Specific names may be given to assaults, like an assault with a deadly weapon. It is common for aggravated assaults to be labeled as felonies. In contrast, simple assault is often classified as a misdemeanor assault, which may carry a penalty of up to a year of jail time.
Using a weapon during the assault will make it a felony aggravated assault, a third-degree felony offense. Even if the weapon did not harm anyone or cause physical injuries, the person might face aggravated assault charges in Georgia.
When an aggravated assault occurs, it does not mean that the victim was harmed but that the perpetrator acted in a way that made the victim reasonably fear for their life or safety. When a person threatens another with a weapon, they commit aggravated assault because the victim fears for their safety or is seriously injured.
For a weapon to be considered deadly, it must have the potential to cause serious bodily harm, injury, or even death. One weapon that fits the category of a deadly weapon is, not surprisingly, a gun.
Other weapons can be considered deadly depending on their use. An example is a pocket knife. While a pocket knife is not typically considered a deadly weapon, it can be when a perpetrator holds it to a victim’s neck or uses it on a victim.
Sometimes, assaults become aggravated based on the victim’s status. Most states classify assault on public servants such as police officers, firefighters, and teachers as aggravated assault. For the assault on those professionals to be aggravated, they must have acted in the line of duty, and the perpetrator must have known their status.
Additionally, possible charges for an aggravated assault involving the assault of certain people with a protected status can be considered a hate crime. Hate crimes include assaults based on ethnicity, religion, race, origin, disability, or sexual orientation.
Whether a misdemeanor aggravated assault or a felony assault, our aggravated assault attorneys are prepared to represent you. We may be able to prevent you from being convicted of aggravated assault or lessen the potential penalties you may face.
Key Legal Definitions
Aggravated Assault: This is a more severe form of assault, often involving the use of a weapon or resulting in serious bodily harm. Aggravated assault charges typically carry heavier penalties compared to simple assault.
Mens Rea: A Latin term meaning “guilty mind,” mens rea refers to the mental state of the defendant at the time of the crime. It is a crucial element in establishing criminal liability, indicating whether the act was intentional, reckless, or negligent.
Degrees of Assault: Assault charges can vary significantly, categorized into degrees that reflect the severity and circumstances. First-degree assault is the most serious, often involving intentional and severe harm or use of a deadly weapon. Second-degree assault may involve intentional harm but with less severe consequences, while third-degree or simple assault typically involves minor injuries or threats without physical harm.
Speak with trusted Aggravated Assault Attorney today, for free.
Aggravated Assault vs. Assault
What do assault, aggravated assault, and assault and battery have in common? In essence, the perpetrator intentionally commits an act of violence that causes harm to another person. Anytime a person is attacked or threatened with an attack, it is usually considered an assault or an assault and battery.
Depending on how severe the attack was or if deadly weapons were used, the charge may be raised to aggravated assault. In addition, if the victim was attacked by more than one party, they are considered to have been assaulted. Fighting can also lead to an assault, even if all parties have agreed to the fight.
Although each type of assault and battery charge has varying degrees of severity, each deserves an equally strong defense, as each has the potential to wreak havoc on the offender’s life. If you have been accused of assaulting someone in any way, be sure to get in touch with Conoscienti & Ledbetter immediately.
How Assault & Aggravated Assault Charges Are Defined
Assault is considered a violent crime, though each state defines it differently. Here are the main ways assault cases are defined:
Assault as Physical Harm (Serious Bodily Injury)
Some states define it as the intentional use of violence or force against another person (the alleged victim), such as by using an object to strike or punch them. Some states consider assault and battery to be one crime.
In those states, an attempted assault is an act of intentionally harming the victim but failing to do so. An example is when the perpetrator intends harm but falls short, such as taking a swing at someone but missing. That would be an attempted assault.
Assault as the Attempt at Physically Touching
In some states, you do not have to be physically touched to have been assaulted. There should have been an attempt at committing a physical act or the threat of one that makes the victim afraid of any violence against them.
When an assault is successfully carried out in these states, the charge is for a simple battery. These states do not have attempted assault charges because the assault was the intent.
If you have been charged with one of the above classifications of crimes, the top-rated aggravated assault lawyers at Conoscienti & Ledbetter are on your side. Contact us today to schedule a free consultation and begin setting the path to a better and brighter future.
Don’t delay. Schedule a risk-free consultation today, for free.
Factors Considered by an Atlanta Aggravated Assault Law Firm
Aggravated assault is a serious crime in the state of Georgia. The act of committing an aggravated assault is more than scaring another person or threatening them with physical harm. An example of this is spitting on another person.
While it is offensive, it is not physically damaging to another person and generally does not cause serious bodily injury to the alleged victim. The same is acting like you are going to punch another person. These are examples of simple assault, not aggravated assault.
For an assault to be considered aggravated, it must have the following elements:
-
The perpetrator must intentionally cause the victim to feel apprehensive
-
The committing of an act that would result in using force with a deadly weapon or the use of some other force that will cause serious bodily injury
-
The ability to cause force that would lead to physical harm
The above elements will be considered from every angle when your Atlanta aggravated assault lawyer begins building your defense. In many cases, it may be possible to establish that the offense does not meet one of these elements under Georgia’s aggravated assault laws, thereby improving the offender’s chances of successfully fighting their charges.
When you meet with our attorneys, we will attentively listen to your side of the story, help you explore your options, and determine the best course of action moving forward.
Aggravated Assault Against Family Members or Household Members in Georgia
According to Georgia law, an aggravated domestic assault is considered an offense against a family or household member. The law defines these groups of people as follows:
- Spouses or former spouses
- Parents and children
- People who are currently or formerly living in the same household
- Individuals who have a child in common, whether they are married or not
- Individuals who are dating or who have dated in the past, including people of the same sex
- People who are related by blood or marriage
The court system often takes domestic violence cases seriously, and it is essential to have a qualified defense family lawyer on your side. Conoscienti & Ledbetter has a strong history of success in domestic assault cases and will work diligently to get the best possible outcome for you.
PREVENTING AGGRAVATED ASSAULT CHARGES
As a criminal defense lawyer, it is crucial to not only provide vigorous representation for clients facing aggravated assault charges but also to educate the public on how to prevent these charges from occurring in the first place.
One of the best ways to avoid aggravated assault charges is to understand what can lead to them. Some common aggravating factors that may result in elevated charges include:
-
Use of a weapon or deadly object
-
The victim is a law enforcement officer, which can result in additional charges such as assault on a law enforcement officer and obstruction of justice
-
A prior criminal conviction for similar offenses
-
The presence of drugs or alcohol during the incident
-
The severity of the injuries sustained by the victim
Awareness of these factors and avoiding them can help prevent situations that may lead to aggravated assault charges. Additionally, seeking help for any underlying issues, such as substance abuse or anger management problems, can also play a significant role in preventing these types of charges.
WHAT IS THE PENALTY FOR AGGRAVATED ASSAULT?
An aggravated assault charge is a felony. If you are convicted of this crime, you could face a prison sentence of one to twenty years in Georgia.
Typically, the judge can use their discretion on how long the defendant should receive a prison sentence. The judge may also allow the defendant to serve part of the sentence on probation. However, a strong and effective aggravated assault lawyer can often help lead the judge in the right direction.
An aggravated assault conviction covers a range of circumstances, so you should contact a professional and knowledgeable criminal defense attorney so they can review the details of your assault case and develop the best defense strategy for you to achieve success.
Related Charges to Aggravated Assault
In many instances, aggravated assault charges may not stand alone. These charges often intersect with other serious offenses, such as assault with a deadly weapon and domestic violence. Assault with a deadly weapon is particularly severe, involving any object used in a manner likely to cause serious injury or death. According to the FBI, about 26.3% of aggravated assaults involve a firearm, underscoring the gravity of such charges.
Domestic violence charges can also be closely linked with aggravated assault. In cases where the victim is a spouse, partner, or family member, prosecutors may pursue enhanced penalties under domestic violence statutes. This can include mandatory counseling, extended jail time, and protective orders. According to the National Coalition Against Domestic Violence (NCADV), 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence, highlighting the prevalence and seriousness of these charges.
Understanding the range of related charges is crucial. Each carries its own set of legal implications and potential defenses. For those facing such complex legal challenges, expert legal representation is essential to navigate the nuances of the law and to develop a robust defense strategy.
HOW MUCH TIME DO YOU GET FOR AGGRAVATED ASSAULT IN GEORGIA?
The amount of time you have to serve for an aggravated assault conviction in Georgia will depend on the circumstances and specifics of each case. A judge could choose a variety of punishments, ranging from probation and possible jail time up to a maximum sentence of twenty years in prison. Your defense attorney can help you determine the type of penalty that best suits your case.
In addition to the possible jail time, a conviction for aggravated assault also carries other consequences, including hefty fines, community service, and other court-mandated requirements. It is essential to make sure you have an experienced attorney who understands Georgia law and how it applies to your unique situation. This way, they can craft the best possible defense for your case.
If you are facing an aggravated assault charge, contact a qualified criminal defense attorney immediately. An effective and experienced criminal lawyer can help build the strongest defense for your case, protect your rights, and guide you through the entire legal process.
HOW A CRIMINAL DEFENSE LAWYER MAY BE ABLE TO DEFEND YOU
All defendants who are charged with aggravated assault have the usual defenses available. This includes, “It wasn’t me – you have the wrong person.” They can also claim self-defense or the protection of other people.
Namely, they can show evidence that the victim started the confrontation and that the defendant was defending themselves or others from an impending attack. The defendant may also show that the victim possessed a weapon, that the victim threatened the defendant first, or that the victim struck the victim first.
When facing an aggravated assault charge, the exact defense available to you will depend on the unique circumstances of your case. Contacting an experienced and professional legal team that understands Georgia’s criminal laws is essential to get the best possible outcome.
Conoscienti & Ledbetter has a long history of success defending clients with aggravated assault charges. Our team will work diligently to evaluate the facts the District Attorney’s Office presented, analyze relevant legal issues, and develop a strong defense strategy on your behalf.
No matter the details of your case, an experienced attorney can bring you peace of mind and possibly shorten your potential prison sentence. Contact the trusted Atlanta criminal defense attorneys at Conoscienti & Ledbetter today to get started. We look forward to assisting you.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
