Looking for an Aggravated Assault Attorney? Here’s What You Need to Know

Conoscienti & Ledbetter

Trusted Aggravated Assault Lawyers

An aggravated assault attorney at Conoscienti & Ledbetter can help fight for your rights, freedom, and future if you are facing criminal assault charges.

Blake Ledbetter Atlanta AttorneyAuthor: 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 January 26, 2021.

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Why You Need an Aggravated Assault Attorney

An attempt to seriously harm another person physically is called aggravated assault. Some factors that turn an assault into an aggravated assault include the use of 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 charges can lead to significant consequences, both legal and otherwise, with potential penalties for aggravated assault including fines and up to 20 years in prison. To prevent or limit these consequences, it is vital that you contact a skilled criminal defense attorney immediately. Reach out to Conoscienti & Ledbetter today for a free case evaluation, or read on for more information.

Why You Need an Aggravated Assault Attorney section

What Is Aggravated Assault?

States have different classifications for assaults that occur. Specific names may be given to assaults that occur, like assault with a deadly weapon. It is common for aggravated assaults to be labeled as felonies while simple assault is often classified as a misdemeanor, which may carry a penalty of up to a year of jail time. 

The use of a weapon during the assault will make it an aggravated assault. Even if the weapon did not actually harm anyone or cause physical injuries, the person may face aggravated assault charges in Georgia. Namely, assault does not have to 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 are committing aggravated assault because the victim fears for their safety or being seriously injured.

For a weapon to be considered a deadly weapon, 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 how they are used; an example of this is a pocket knife. While a pocket knife is not typically considered to be 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 assaults on police officers, firefighters, and teachers as aggravated assault. For the assault on those professionals to be considered aggravated, they must have been acting in the line of duty and the perpetrator must have known their status.

Additionally, possible charges for aggravated assault when it involves 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. Regardless of the classification of the crime you have been charged with, our 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.

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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 serious the attack was or if a weapon was 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, please contact Conoscienti & Ledbetter immediately.

How Assault & Aggravated Assault Charges Are Defined

Assault is considered a violent crime, though each state has different ways to define it. Here are the main ways assault cases are defined:

Assault as physical harm. Some states’ definition of it is the intentional use of violence or force against another person (the alleged victim), such as by using an object to strike them or by punching them. Some states consider assault and battery to be one crime. In those states, an attempted assault is the 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 that may occur against them. When an assault is successfully carried out in these states, the charge is for simple battery. These states do not have attempted assault charges because the assault was an intent.

If you have been charged with one of the above classifications of crimes, the top-rated defense 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.

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    Factors Considered by an Atlanta Aggravated Assault Attorney

    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 it 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 bodily harm.

    The above elements will be considered from every angle when your Atlanta aggravated assault attorney 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.

    How an Aggravated Assault Lawyer May Be Able to Defend You

    How an Aggravated Assault 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 defense 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 find out how these defenses may apply to you, please reach out to an Atlanta criminal lawyer for a free consultation.

    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 his or her discretion on how long of a prison sentence the defendant should receive. 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 charge covers a range of circumstances, so you should contact a professional and knowledgeable criminal defense attorney so they can review the details of your case and develop the best defense strategy for you to achieve success. 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.

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