In Georgia, “assault” isn’t just about physical harm. Whether it’s an actual attempt to injure or an action that causes fear of immediate harm, the law considers both actions as assault.
When certain factors come into play—like using a weapon or targeting vulnerable individuals—the charge can escalate from simple to aggravated assault. Knowing about these legal distinctions can help you understand your rights and recognize if authorities are charging you appropriately under the law.
What factors can turn an assault charge into an aggravated assault charge?
Certain elements can indicate a higher level of intent, danger or harm. This includes:
- Intent to commit a serious crime: Carrying out an assault with the intent to commit other serious crimes such as murder, rape or robbery
- Use of a deadly weapon: Using a weapon or any object that can cause serious bodily injury or death, such as guns, knives or any object used in a harmful manner
- Serious bodily injury to the victim: The injuries led to disfigurement or permanent disability
- Assaults against specific victims: This includes public safety officers, elderly individuals, pregnant women or school employees while performing their duties
- Specific circumstances: Such as committing the assault in a public transit vehicle, a school zone or during the theft of a commercial vehicle
- Hate crimes: If the assault is motivated by bias or prejudice against certain protected classes
In Georgia, the penalties for aggravated assault can vary depending on the circumstances of the crime. Generally, courts consider aggravated assault a felony. Penalties include prison time that can range from 1 to 20 years. Courts may also impose fines ranging from $50,000 to $200,000 if the case involves the theft of a commercial vehicle.
Protect your rights
It’s important to remember that a charge is not a conviction. If you or a loved one is facing aggravated assault charges, working with an experienced attorney is necessary. They can protect your rights, especially if the arrest involved unlawful searches or improper handling of evidence.
