According to reports out of Carroll County, a man has been convicted of aggravated assault, false imprisonment, simple battery, and simple assault.
He has been sentenced to 20 years after an incident occurred with his ex-girlfriend. The DA reported that he attacked the ex-girlfriend, and the judge referred to him as “vicious and harmful.”
As a Georgia Criminal Defense Lawyer, I want to elaborate on the law behind aggravated assault in today's post. The description of the attack was by strangulation. Most people are under the impression that aggravated assault involves a gun - however the law is more expansive than that.
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.
Criminal law in the state of Georgia is complicated. This is why no one who is arrested for a crime should attempt to defend themselves or go without legal representation. Call our offices today.
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