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Aggravated Assault

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Aggravated Assault

Aggravated assault in Georgia is a serious criminal offense defined under state law.

The crime is elevated to the term aggravated status due to certain factors, such as the intent to rape, rob, or murder, the use of a firearm, the use of an object to strangle or the use of other deadly weapons.

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Address:

Tanyard Oaks Office Park 327 Dahlonega Street Suite 1600 Cumming, Georgia 30040

Phone:

(770) 886-4646

Fax:

770-886-4647

Aggravated Assault

Aggravated assault is a felony in Georgia, carrying severe penalties, including substantial prison terms, hefty fines, and potentially lifelong consequences. The state takes such offenses seriously, recognizing the need to protect its residents and maintain public safety by prosecuting those who commit aggravated assault.

If you are charged with aggravated assault, you need a good criminal defense lawyer. With nearly 25 years in various courtrooms, Criminal Defense Law, Attorney Wiegand is very experienced. He has successfully litigated cases featured in the Atlanta Journal-Constitution and The Forsyth County News. He is a courtroom-tested trial lawyer with a proven record of achieving excellent results.

Aggravated Assault Defined by Georgia Law

O.C.G.A statute §16-5-21 defines, in part, aggravated assault as::
 
A person commits the offense of aggravated assault when he or she assaults:
 
With intent to murder, to rape, or to rob;
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;
With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
 
Except as provided stated, a person convicted of the offense of aggravated assault shall be punished by imprisonment for not less than one nor more than 20 years.
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:
 
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;
 
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 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.
 
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.
 
Any person who commits the offense of aggravated assault upon a person in the course of violating OCGA 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.
 
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 OCGA 16-11-127.1 shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years.
 
If the offense of aggravated assault is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, 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.
 
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 Charged with Aggravated Assault, Call Vic Wiegand, Cumming, GA, Criminal Defense Lawyer

The Law Office of Vic Wiegand, Esq. is a full-service criminal defense law practice with offices in Cumming, Georgia, 40 miles northeast of Atlanta, Georgia, and near the Forsyth County Courthouse. We handle all types of criminal charges, from DUI to the most serious and complex felony aggravated assault cases.

If you or a loved one has been arrested for assault or other criminal charges, get in touch immediately with our office. We will do our best to protect your rights and defend you rigorously against all charges.

Call the Law Office of Vic Wiegand, Esq. today at 770-886-4646 and let us help.

I consider trial by jury as the only anchor ever yet imaged by man, by which a government can be held to the principles of its constitution.

– Thomas Jefferson

Phone:

770-886-4646

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