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.
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 March 19, 2022.
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Why You Need an Aggravated Assault Lawyer
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 consequences, with potential penalties for aggravated assault, including fines and up to 20 years in prison.
If you are facing aggravated assault charges, you must contact a skilled criminal defense attorney immediately. Reach out to Conoscienti & Ledbetter today for an attorney-client relationship.
What Is Aggravated Assault?
States have different classifications for assaults that occur. Specific names may be given to assaults that occur, 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. 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 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 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 an assault to a public servant such as a police officer, firefighters, and teachers as aggravated assault. For the assault on those professionals to be aggravated, they must have been acting 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 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.
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 has different ways to define it. Here are the main ways assault cases are defined:
Assault as Physical Harm (Serious Bodily Injury)
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 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 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 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 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 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, a domestic aggravated 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
Domestic or family violence cases are often taken seriously by the court system, 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 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.
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 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.
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.
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030