GBI Investigating Arrest in Rome

Floyd County Courthouse

Rome, Ga. - According to reports out of Floyd County, the Georgia Bureau of Investigation is looking into an arrest that started with a traffic stop and resulted in a felony arrest.

The suspect is facing serious charges include aggravated assault and felony marijuana possession. During the stop, the suspect allegedly attempted to run over a lieutenant who was apart of the investigation. The lieutenant and another police officer have been taken to a local medical center to be treated for minor injuries.

As a Georgia Criminal Defense Lawyer, I will outline the law behind the most serious of the offenses faced by the suspect - aggravated assault.

Aggravated Assault in Georgia

Assault is the base level version of aggravated assault. The Georgia Code defines assault 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.

Aggravated assault in Georgia is defined in the next statute by the Georgia Code 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.

To be found guilty of aggravated assault, the prosecution must show that the suspect is guilty beyond a reasonable doubt. This means that there must be a demonstration of violence coupled with an apparent present ability to inflict an injury that causes a person to fear that they will receive an immediate violent injury.

Unlike assault, aggravated assault is classified as a felony offense in Georgia. The penalty for an aggravated assault conviction is a prison term between one to twenty years.

Practice Note

Aggravated assault is classified as a serious violent felony in the state of Georgia. If you have been arrested for a serious crime, call our offices now.