Peachtree City Man Arrested for Attempting to Strangle Girlfriend

Fayette County Courthouse

Peachtree City, Ga. - Reports out of Peachtree City show that a local man has been arrested for a bizarre domestic violence incident.

Investigators state that authorities responded to the scene at a residence off of Southern Shore Drive. The suspect was allegedly under the influence of alcohol when he attacked his girlfriend as she was sleeping in the home. Any details regarding the woman's injuries have not been released, but the man was arrested on charges of aggravated assault as a result of the incident.

As a Fayette County Criminal Lawyer, I will outline the law today on aggravated assault as it is codified by Georgia law. Read below.

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. This has very serious consequences if a person is convicted of the crime. We understand that just because a person has been accused of committing a criminal offense does not mean that he or she is guilty of that particular crime. A lesser offense may actually apply or a full legal defense might exist in some situations.

If you or a loved one has been arrested in the state of Georgia, contact our offices today. A Georgia Criminal Defense Lawyer can help you with your situation now.