Aggravated assault is a serious felony that could lead to a substantial prison sentence. Even after you are released, having a felony conviction on your record can impact every aspect of your life.

Achieving the optimal result when faced with an aggravated assault charge requires the assistance of an aggressive assault attorney. A Carrollton aggravated assault lawyer will present the most effective defense available and fight tirelessly to protect your future. Contact J. Ryan Brown Law today to get started on your case.

What an Aggravated Assault Charge Means

Contrary to popular belief, assault does not require physical contact. In fact, assault can be defined as either the attempt to injure someone or doing something that makes another person believe they are about to be the target of violence. For example, raising a hand in anger as if to slap someone may be considered assault if the other person thinks they are about to get hit.

The Official Code of Georgia Annotated §16-5-21 defines aggravated assault. Under the law in this state, a person commits an aggravated assault if they commit assault while:

  • Intending to commit a felony like robbery, rape, or murder
  • Possessing something that could be used to strangle someone
  • Possessing an object that could be used to inflict serious bodily injury

It is also an aggravated assault to discharge a gun from inside a vehicle.

A prosecutor must prove beyond a reasonable doubt that the accused intended to commit the actions and they committed the acts as alleged.. A Carrollton criminal defense lawyer can help someone accused of aggravated assault navigate through the convoluted criminal justice system in Carroll County, Georgia.

Assault Penalties in Carrollton

Aggravated assault is considered a violent crime and there will always be an alleged victim, so release on bond is not automatic for individuals charged with aggravated assault. A Carrollton attorney must usually ask for a bond hearing and present evidence demonstrating that the accused is not a threat to flee, a threat to the victims, a threat to the community, or a threat to reoffen. Sometimes, it can take several weeks before a judge schedules a hearing, and the accused must remain in jail until then. These hearings could be in Magistrate Court or Superior Court depending on the circumstances surrounding the case.

Someone accused of aggravated assault faces severe penalties. The prison term is between one and twenty years, but multiple factors influence a sentence’s length. The alleged victim’s identity is important: assaults on police officers, the elderly, a current or former domestic partner, and many other specified people carry harsher minimum penalties. A Carrollton attorney can explain whether enhanced sentences might apply in a specific aggravated assault case.

A conviction for a violent felony like aggravated assault can affect future housing, employment, and other opportunities. Additionally, a person with a felony assault conviction loses their gun rights. Allow an aggressive legal professional to exploit any weakness in the prosecutor’s evidence navigate our way to the best possible outcome.

Defenses to Aggravated Assault

The police must abide by specific procedures to protect a person’s Constitutional rights. A Carrollton attorney can examine the circumstances of the investigation and arrest to ensure law enforcement acted appropriately. If not, they can move to have charges dismissed, or evidence suppressed.

  • A Carrollton defense attorney can raise numerous defenses to an aggravated assault charge if the case proceeds. Mistaken identity
  • Alibi
  • Untruthful witness
  • Self-defense or defense of othersDefense of property

If an accused individual has a prior felony conviction, prosecutors may be unwilling to negotiate with the defense on an aggravated assault charge. In that case, a capable defense attorney can defend an accused at a trial and force the prosecution to prove every element of their case.

A Carrollton Aggravated Assault Attorney Can Help

Conviction on an aggravated assault charge can put you in prison for years and significantly affect the rest of your life. If you are in this situation, do not leave your future up to chance. Allow an aggressive attorney to defend and fight for your rights today.

A Carrollton aggravated assault lawyer can put their years of experience to work for you. Contact our firm as soon as possible to allow ample time to build the strongest defense possible.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC