Aggravated assault is considered a violent crime, and punishment could be up to 20 years in prison for each charge. However, at J. Ryan Brown Law, our dedicated assault attorneys don’t want anyone to fight alone. If you have been charged or accused of this or a related crime, a Newnan aggravated assault lawyer can fight on your behalf for a favorable outcome.
The first way to commit an aggravated assault is found at O.C.G.A. § 16-5-21(a)(1). Under this code provision if you commit an assault with the intent to murder, rape, or rob the victim then you have committed an aggravated assault. First, remember that being charged with a crime is just an accusation and that you are innocent until you are proven guilty.
If you are charged under this code section, it means the state accused you of attempting to commit a violent injury to someone else or behaving in such a way that you made someone else scared that they were about to receive a violent injury. Under these circumstances, the prosecutors think you did this while planning to rape, murder, rob that person.
The District Attorney can also charge you under O.C.G.A. § 16-5-21(a)(1) with aggravated assault with the intent to rape. This charge would often accompany a rape charge that alleged some form of a violent rape.
To be convicted of aggravated assault with the intent to rape, the district attorney has to prove that 1) you committed an aggravated assault, and 2) that while committing the aggravated assault you planned to rape the victim of the crime. To keep the district attorney from proving these two elements of aggravated assault, you need a hardworking attorney in Newnan on your side to defend you and protect your rights.
Any person who commits the offense of aggravated assault with intent to rape against a child under the age of 14 years shall be punished by imprisonment for not less than 25 nor more than 50 years. Any person convicted under this subsection shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
To be convicted of aggravated assault with a weapon, the district attorney must prove that you committed the aggravated assault and that you did so with a deadly weapon, or with something that likely will or does cause serious injury. The following list is an example of just some of the things courts or juries have found to be a deadly weapon or instrument that can cause serious bodily injury:
By no means is this a complete list of things that a prosecutor could allege as a deadly weapon. Anything used in the wrong way could be presented to the jury as a deadly weapon. For example, if someone is accused of striking someone repeatedly with a household object – perhaps a lamp or a broomstick, then the district attorney would likely present that case as aggravated assault with a deadly weapon.
O.C.G.A. § 16-5-2(a)(3) is used by prosecutors when strangulation is involved. In general, anytime that someone is accused of choking, or strangling, someone, then prosecutors use this aggravated assault code section to prosecute them.
Strangulation is a serious allegation. In this scenario, you can expect the best effort from the district attorney’s office. Regardless of whether is an alleged domestic incident or something else, it is important you prepare from the beginning to fight aggravated assault charges with the help of a lawyer in Newnan.
The thing that folks want to the most, and usually ask first, is how much time they could possible get on their charges. Put simply, you could receive a maximum of 20 years in prison for an aggravated assault. By no means does that mean you will receive twenty years. This time can be suspended, meaning you wouldn’t have to serve it in prison, or it could be probated where, once again, you would not have to spend that time in prison.
The minimum punishment would be one year of probation or one year suspended upon the completion of some condition imposed by the sentencing court. Whereas the maximum would be 20 years in prison, therefore, the range of punishment is said to be “one to twenty.”
Do not fight alone. If you are facing charges for aggravated assault, you need the assistance of a dedicated legal team. A Newnan aggravated assault lawyer is standing by to help you. Call today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC