Trusted Aggravated Assault Lawyers
An aggravated assault attorney at Conoscienti & Ledbetter can help you fight for your rights, freedom, and future if you face criminal assault charges.
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 17, 2023.
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.
Speak with trusted Aggravated Assault Attorney today, for free.
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.
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.
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.
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.
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.
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 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 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 Attorney 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. To get the best possible outcome, contacting an experienced and professional legal team that understands Georgia’s criminal laws is essential.
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.