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”
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:
Simple Assault in GA Defined:
According to Georgia Code OCGA 16-5-20 a person commits a simple assault when an individual:
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.
What Happens If I’m Charged With Aggravated Assault in GA? Penalties for Aggravated Assault
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 26 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.