There are two types of assault in Georgia: Simple Assault and Aggravated Assault. Both carry penalties if convicted and a conviction does create a criminal record. If charged with an assault, you should get a criminal defense attorney right away.
It is also recommended that you do not make any statements while in custody about the circumstances that led to the charges unless you have your attorney with you. Even if you think you can explain why you did what you did, that friendly investigator is looking for a conviction whenever possible. Wait until you have the legal guidance of a reputable criminal defense attorney, like Forsyth County’s Vic Wiegand, Attorney at Law.
What is Simple Assault?
The Official Code of Georgia Annotated or O.C.G.A. statute § 16-5-20 defines simple assault as:
A person commits the offense of simple assault when he or she either:
Attempts to commit a violent injury to the person of another; or
Commits an act that places another in reasonable apprehension of immediately receiving a violent injury.
It does not result in the victim having any life-threatening injuries. It is considered a misdemeanor which is a lesser offense than a felony. If charged with simple assault, you can face up to one year in jail and pay fines from $1,000 to $5,000.
What is Aggravated Assault?
O.C.G.A statute § 16-5-21 defines aggravated assault as:
A person commits the offense of aggravated assault when he or she assaults:
With intent to murder, rape, or 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.
Aggravated assault is a felony, with fines and sentences of up to 20 years in prison.
Also, Georgia law specifies certain types of cases as aggravated assault, such as assault of someone 65 years or older, or assault of a public safety officer while the officer is conducting their duties. A person who commits 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 Code Section 16-11-127.1) shall be punished by imprisonment for not less than five nor more than 20 years.
Attempted rape of a child under the age of 14, certain domestic violence situations, and assault on an officer of the court can be aggravated assault as well.
If Charged With Assault, Contact an Experienced Cumming Criminal Defense Lawyer
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 simple assault to the most serious and complex felony assault cases and serve clients in Forsyth County.
With nearly 20 years of experience practicing Criminal Defense Law, Attorney Wiegand is well known. He has successfully litigated cases that have been 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.
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.
