Georgia Criminal Defense Blog

GBI Investigating Arrest in Rome

Posted by Richard Lawson | Jul 31, 2020 | 0 Comments

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.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense and Criminal Defense. As a former Prosecutor he knows both sides of your case. Put his experience to work for you. In DUI cases, you only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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