Strange reports came out of a suburb of Savannah when a local woman was arrested for firing a gun in a fast-food restaurant after receiving cold French fries.
The woman is facing twelve charges including five felony offenses.
As a Georgia Criminal Defense Lawyer, I will outline the differences between assault and aggravated assault in the state of Georgia in today's post.
Assault vs. Aggravated Assault in Georgia
Assault in Georgia is defined by Georgia Law in O.C.G.A. §16-5-20 as:
A person commits the offense of simple assault when he or she either:
(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.
A conviction for assault in Georgia will be treated as a misdemeanor. The penalty can include a period of confinement of up to one year and up to $1,000 in fines.
The elevated version of assault is aggravated assault in Georgia. Aggravated assault in Georgia is defined by Georgia Law in O.C.G.A. §16-5-21 as:
A person commits the offense of aggravated assault when he or she assaults:
- With intent to murder, to rape, or to rob;
- 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;
- With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
- Without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.
Aggravated assault is classified as a felony offense. The penalty for an aggravated assault conviction is a prison term between one to twenty years
Aggravated assault is classified as a violent crime and therefore, the penalties have far-reaching consequences. If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.