Aggravated Assault in GA

What is Aggravated Assault Defined As in Georgia?

We will go over an aggravated assault case example and then go over the details to learn more about the elements of aggravated assault charges in Georgia. In 2016 Patterson v. State of GA Patterson was charged with “aggravated assault with an object” from driving and striking Silvers with a motor vehicle. The ruling helps us understand that the state is required to show Patterson intended to drive his motor vehicle into the direction of Silvers. Prosecutors must also prove Silvers was placed in reasonable apprehension of bodily injury and that the object would cause serious bodily injury.

Under the Georgia Code O.C.G.A. 16-5-21 “a person commits the offense of aggravated assault when he or she assaults”

  1. With intent to murder, to rape, or to rob;
  2. 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
  3. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Being Charged With Aggravated Assault in GA

The prosecutor must provide evidence that it was an assault according to OCGA 16-5-20 and that:

  1. A person who knowingly commits the offense of aggravated assault upon a peace officer while the peace 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.
  2. 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.
  3. As used in this subsection, the term "correctional officer" shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Juvenile Justice who are known to be employees of the department or who have given reasonable identification of their employment. The term "correctional officer" shall also include county jail officers who are certified or registered by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35.

Simple Assault in GA

According to Georgia Code OCGA 16-5-20 a person commits a simple assault when an individual:

  1. Attempts to commit a violent injury to the person of another; or
  2. Commits an act which places another in reasonable apprehension of immediately receiving a violent injury. 

In essence the prosecutor must prove that the individual intended to commit the act and put the victim in apprehension of injury. See Guyse v. State of Ga. Simple assault is considered a misdemeanor offense.
 

What turns a simple assault into an aggravated assault?

Here we will further explain O.C.G.A. 16-5-21. 

  1. Intent to murder, rape, rob:
    If the intent was to kill, rape or steal from another person the prosecutor can file for an attempt of such a crime. Aggravated assault is typically gone after because it makes it easier to prove in the courts. 
  2. 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:
    An injury having occurred is not required, only that serious bodily injury could result from the use of a weapon, object, device or instrument. This can include anything that could cause injury in example a pencil or a knife. 
  3. A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons:
    The person discharging the firearm has no legal reason to be firing the weapon.

What Happens If I’m Charged With Aggravated Assault in GA?

Penalties range from 3 to 20 years of imprisonment and crimes against children that include intent to rape ranges from 25 to 50 years of imprisonment. 


Criminal Defense Attorney Michael Greene has experience defending clients charged with assault crimes. He has been a criminal defense attorney for 25 years and will work on your behalf to get this charge reduced or dismissed. Call now for a free consultation 404-636-3445

Aggravated Assault: A look at cases, law and examples.

Aggravated Assault: A look at cases, law and examples.