How Battery-Family Violence becomes a Felony under Georgia Law

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Under O.C.G.A. § 16-5-23.1, the offenses of battery and battery – family violence are punished as misdemeanors. However, the same exact offense, under three sets of circumstances can transform this misdemeanor into a felony.

Battery Against the Same Victim

A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. A first or second offense against the same victim will result in misdemeanor punishment.

But, upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Battery – Family Violence

If the offense of battery is committed between household members (past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household), it shall constitute the offense of family violence battery and is punished as a misdemeanor.

However, if the defendant has previously been convicted of a forcible felony committed between household members, he or she shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Or, if a person is convicted of a second or subsequent offense of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

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If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

Possession of Schedule 1 Controlled Substances – VGCSA – Georgia

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Possession of Schedule 1 drugs are classified as felonies in the State of Georgia. According to the laws of our state, criminal charges associated with the possession of these drugs are in accordance with the Georgia Controlled Substances Act. The following controlled substances are examples of drugs classified as Schedule 1:

  • Heroin
  • LSD
  • Morphine
  • Ecstasy

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act, include the charge of possessing Schedule I drugs. The Georgia Controlled Substances Act is laid out in the following statutes: O.C.G.A. § 16-13-20 through § 16-13-30. A list of all of the controlled substances considered to be Schedule I are referenced in O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act. A Schedule I controlled substance is defined as:

  1. A drug or other substance that has a high potential for abuse;
  2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, which does encompass any Schedule I drug.

SENTENCING

If an accused is prosecuted under the Georgia Controlled Substances Act for possessing a Schedule I controlled substance, the charge will be classified as a felony. If the accused is later convicted of these charges, the following punishments may occur:

  1. If the aggregate weight is less than one gram of a solid substance or less than one milliliter of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-3 years;
  2. If the aggregate weight is at least one gram but less than four grams of a solid substance or at least one milliliter but less than four milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-8 years;
  3. If the aggregate weight is at least four grams but less than 28 grams of a solid substance or at least four milliliters but less than 28 milliliters of a liquid substance, the accused may be sentenced to imprisonment anywhere between 1-15 years.

Because of the severity of the punishment for possessing a Schedule I controlled substance, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all possible options of an accused arrested and charged with V.G.C.S.A., we understand and assert all potential defenses for such a charge, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of a Schedule I controlled substance, please call our office today at 404-581-0999 for a free consultation.

Georgia’s New Street Racing Law

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Street racing and laying drag (https://www.peachstatelawyer.com/laying-drag-arrests-and-citations-in-atlanta-georgia/)  has long been illegal in the State of Georgia. However, in response to increased street racing incidents across the city of Atlanta, Governor Kemp recently signed new legislation creating even more harsh penalties for those who continue to engage in street racing.

 

First, the bill now criminalizes an act, that before, was not against the law: promoting or organizing an exhibiting of illegal drag racing.  The State of Georgia is now cracking down on Instagram and other social media accounts who promote meetups for illegal street racing events. Anyone charged and convicted under this new law, found at O.C.G.A § 16-11-43.1, will be guilty of a high and aggravated misdemeanor.

 

Second, the Georgia law adds a completely new code section titled Reckless Stunt Driving, at O.C.G.A. § 40-6-390.1. Under Georgia law, it is now specifically illegal to drag race in reckless disregard for safety of persons. The law includes drag racing both on public roads, as well as on private property. The punishment for Reckless Stunt Driving includes a mandatory ten days in jail, up to 6 months for this charge alone, along with a minimum fine of $300.00.  It is considered a misdemeanor of a high and aggravated nature. A second conviction within ten years increases the jail time to 90 days to 12 months, and a third conviction has a mandatory 120 days to 12 months in jail, and the base fines can go up to $5000.00. A fourth conviction of Reckless Stunt Driving in a ten year period becomes a felony and a mandatory one year in prison.

 

Historically, a conviction for reckless driving did not suspend a Georgia driver’s license. This has now changed, drastically. Under Georgia’s New Street Racing Law, if you are convicted of reckless stunt driving in violation of O.C.G.A. § 40-6-390.1, your license will be suspended for up to 12 months, however you can apply for early reinstatement after 120 days. On a second conviction, it is a mandatory 3 year license suspension, but you may be able to reinstate your license after finishing an 18 months hard license suspension. A third conviction in five years will lead to a Habitual Violator status, whereby the license suspension will be five years, with a potential probationary license after two years.

 

The new law even allows for forfeiture after being declared a habitual violator. This means that the State of Georgia can confiscate your car, forever, if you have been convicted three times of reckless stunt driving in five years.

 

Street racing, laying drag, and reckless stunt driving are being taken more seriously in Georgia than ever before. If you or a loved one has been arrested or charged with street racing in Atlanta, call the Law Office of W. Scott Smith PC at 404-581-0999 for a free consultation. A criminal conviction is forever, so engage an experienced lawyer to assist in avoiding the harsh consequences of jail-time, and license suspension, that come with Georgia’s New Street Racing Law.

Georgia Criminal Law – Drug Paraphernalia and Drug Related Objects

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Not only does Georgia law prohibit the possession of controlled substances, it also makes it unlawful to possess the tools or equipment used in the drug trade or use of drugs. These tools are commonly referred to as paraphernalia. Items such as pipes, needles, grinders, or bongs often come to mind. In and of themselves, these items may be perfectly legal to possess, but when discovered adjacent to a controlled substance, or when the items contain the residue of a controlled substance, that’s when you could be charged with “Drug Related Objects.”

 

The Offense

O.C.G.A. § 16-13-32.2 makes it unlawful to possess or use drug related objects. “It shall be unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana or a controlled substance.”

 

It is important to note that any object or material of any kind can constitute a drug related object. However, Georgia Senate Bill No. 164 would amend and revise the above law by making it inapplicable hypodermic needles or syringes.

 

Defenses

No possession: The State has to prove the person was in knowing possession (actual or constructive) in order to sustain a conviction.

 

In Wright v. State, 355 Ga.App. 417 (2020), the evidence was insufficient to demonstrate that probationer possessed methamphetamine pipe found in truck parked outside residence where probationer was being arrested on unrelated charge, and thus revocation of probation was precluded based on possession of pipe; there was no admissible evidence showing that probationer possessed pipe, and no non-hearsay evidence showed that probationer owned truck.

 

Lawful Purpose / No Intent: The State has to prove the items were possessed with the intent to be used with an illegal purpose. A bong, in and of itself, with no marijuana residue and without any evidence of drug possession or use would not be sufficient to convict for drug related objects.

 

In Holloway v. State, 297 Ga.App. 81 (2009), the evidence was sufficient to show that defendant had joint possession of two crack-pipe filters found in a vehicle that he was driving and in which a passenger was riding, so as to support a conviction for possessing a drug-related object; as the driver, defendant was presumed to have possession of contraband in the vehicle, and the state presented evidence that defendant and the passenger were involved in the crack-cocaine drug trade.

 

Punishment

Possession of a drug related object is a misdemeanor and can carry up to 12 months in jail and/or a $1,000 fine.

 

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If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

 

 

 

 

 

Sexsomnia – A Legal Defense to Sex Crimes?

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What is Sexsomnia?

 

Sexsomnia, also referred to as “sleep sex,” is a particular form of parasomnia. Parasomnias are various categories of sleep disorders that involve abnormal behaviors, emotions, body movements, and dreams that occur while falling asleep, during sleep, between sleep phases, or during arousal from sleep. Sexsomnia involves a person engaging in sexual acts while in non-rapid eye movement (NREM) sleep. Certain sexual behaviors are normal during sleep such as, nocturnal emissions, nocturnal erections, and sleep orgasms.

 

People who suffer from sexsomnia often have no memory of their sexual behaviors during sleep although they may appear to be fully awake. This sleep disorder has been recognized as a criminal defense in sexual assault cases.

 

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), the taxonomic and diagnostic tool published by the American Psychiatric Association (APA) has classified 11 groups of sleep-wake disorders. These include insomnia disorders, hypersomnolence disorders, narcolepsy, obstructive sleep apnea hypopnea, central sleep apnea, sleep-related hypoventilation, circadian rhythm sleep-wake disorders, non–rapid eye movement (NREM) sleep arousal disorders, nightmare disorders, rapid eye movement (REM) sleep behavior disorders, restless legs syndrome (RLS), and substance-medication-induced sleep disorders. Sexsomnia is classified under NREM arousal parasomnia.

 

Symptoms

 

Symptoms include but are not limited to: masturbation, fondling, intercourse with climax, sexual assault or rape. Someone witnessing an individual experiencing an episode of sexsomnia will note the appearance that their eyes are open. The eyes are typically described as being “vacant” and “glassy”,  and give the appearance of the individual being awake and conscious, even though the individual is completely unconscious and unaware of their actions.

 

Causes and Risk Factors

 

Possible causes can include: traumatic brain injury, stress, sleep deprivation, use of alcohol or drugs, and other pre-existing sleep disorders. Risk factors include sleep disruption or sleep apnea, sleep related epilepsy, and certain prescription medications.

 

Legal Cases

 

People v. Ellington

In People v. Ellington, Joseph Ellington was charged with six counts of lewd acts on a child under age 14. Mr. Ellington’s family history was notable for sleepwalking in his daughter. He had no prior criminal history and used marijuana chronically.

 

The first victim (A.), a nine-year-old friend of Mr. Ellington’s daughter, testified that he put his hand inside her (A.’s) clothing on several occasions. A second victim (K.), another nine-year-old friend of Mr. Ellington’s daughter, testified that he pulled down her (K.’s) tights and panties and put his finger on her “privacy”. K. testified that Mr. Ellington had touched her in the same two places on another occasion when she stayed overnight with his daughter.

 

Mr. Ellington testified that he sat next to K. and subsequently fell asleep. He stated that he did not recollect what happened. Mr. Ellington’s wife described him as a restless sleeper who would wake up violently if startled. She testified he would sometimes make sexual advances in his sleep. She reported that he did not respond when spoken to during these episodes and that he occasionally would sit up and bark out an order that she could not understand.

 

Defense expert, Clete Kushida, MD, was retained the day before he testified and did not conduct any interviews or clinical examinations. He presented literature and general information regarding sleep disorders. The jury found Mr. Ellington guilty of one count of oral copulation for the alleged offenses against both victims, but was unable to reach a verdict on the other counts and enhancement charges. Subsequently, the court declared a mistrial as to those counts and the enhancement allegations were stricken.

 

Before sentencing, Dr. Kushida performed a sleep study on Mr. Ellington, who motioned for a new trial. The defense presented Dr. Kushida’s report from polysomnography, which demonstrated “nonspecific subtle indications” that required further interview and evaluation. The court denied Mr. Ellington’s motion for new trial as they determined that the meager evidence of “nonspecific subtle indications” would not have any impact on the result of the trial. The appellate court affirmed the judgment. Mr. Ellington was sentenced to six years.

 

State v. Scott

Adrian Scott was charged with three counts of sexual battery by an authority figure and two counts of rape of his stepdaughter. Mr. Scott’s stepdaughter reported that he fondled her groin while the family was sleeping in close quarters. On other occasions, she reported similar behavior when he had fallen asleep in her room. Mr. Scott reported no recollection of this behavior. The victim was between 13 and 18 years of age during the alleged incidents.

 

Sleep medicine expert, J. Brevard Haynes, MD, conducted a forensic evaluation of Mr. Scott. Dr. Haynes interviewed Mr. Scott’s spouse, who reported that he had fondled her vagina while asleep on several occasions without recollection. Dr. Haynes performed polysomnography and a mean sleep latency test, which failed to show aberrant sexual behaviors during sleep. Dr. Haynes opined, “[S]exual behavior in sleep parasomnia is the explanation for [Mr. Scott’s] touching of his stepdaughter”. He testified that the basis of his opinion was due to the following (1) [Mr. Scott’s] history of night terrors and sleep walking, (2) he has exhibited similar behavior with his wife, (3) his behavior is in keeping with that reported in other individuals with this parasomnia, (4) there is no history of vaginal foundling [sic] during wakefulness, (5) this behavior is not in keeping with his character.”

 

The state filed a pretrial motion in the criminal court for Davidson County, Tennessee, to exclude expert testimony. The trial court determined that the expert testimony was not sufficiently trustworthy and reliable to be presented to the jury. A Davidson County grand jury found Mr. Scott guilty on all five counts. This case reached the Supreme Court of Tennessee. The court determined that the trial court erred by excluding Dr. Haynes’ testimony regarding sexsomnia, and the judgment was reversed and remanded.

 

Swedish man acquitted of rape with sexsomnia defense

Mikael Halvarsson was acquitted of rape in Sweden using to the sexsomnia defense. Charges were brought against Halvarsson after reports of sexual assault were filed by his girlfriend at the time. Upon investigation, Halvarsson was found still asleep in the alleged victim’s bed when police arrived.

 

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If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

 

 

Identity Fraud Arrests and Charges in Georgia

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In Georgia, identity fraud is one of the most common white collar crimes committed. In general, it is a crime where one person uses another person’s personal data, without his/her authorization, with the intent to defraud that person. Such examples include, but are not limited to:

  • Opening a credit card using someone else’s social security number;
  • Presenting stolen checks to a business in order to purchase items;
  • Opening a credit card using a deceased person’s social security number;
  • Purchasing items with a stolen ATM card

More specifically, according to O.C.G.A. § 16-9-121, in Georgia, a person commits the offense of identity fraud when he/she intentionally and without the person’s consent acts in one of the following ways:

  • Uses or possesses identifying information of any of the following people: a minor child that the accused has custodial authority of, any deceased person, or any other person in which the accused has the intent to defraud;
  • Creates, uses, or possesses any counterfeit or fake identifying information of a person who does not exist in order to facilitate the commission of a fraud against a victim;
  • Creates, uses, or possesses any counterfeit or fake identifying information of a person, who does in fact exist, for the purpose of defrauding that person; OR
  • Receiving fraudulent identification information from a third party if the accused knows it to be fraudulent, stolen, or counterfeit.

It is important to note that a person under the age of 21 years old cannot be prosecuted under this code section for using a fraudulent, counterfeit, or otherwise, fake I.D. for the purposes of entering an adult establishment, such as a bar, or by attempting to purchase alcohol.

PENALTIES

In Georgia, identity fraud is classified as a felony offense. According to O.C.G.A. § 16-9-126, if an accused is convicted of identity fraud in Georgia, he/she could be sentenced anywhere from 1-10 years in prison. After a conviction, the court also has the discretion to impose a fine upon the accused of up to $100,000 and could order the accused to also pay restitution to the victim. Such victim could either be a consumer or a business. Furthermore, a subsequent conviction of identity fraud enhances the punishment to 3-15 years in prison and a fine up to $250,000. Similar as to a first conviction of identity fraud, the judge may also order the accused to pay restitution.

CONTACT US

Due to the severity of the punishment for identity fraud convictions, it is of vital importance to hire an experienced criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of identity fraud, as well as all possible options for an accused dealing with such a serious charge.  Therefore, if you or a loved one has been arrested for identity fraud, please call our office today at 404-581-0999 for a free consultation.

Forgery Arrests and Charges in Georgia

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In Georgia, the offense of forgery is broken down into four different degrees, depending on the type of document forged and whether that document was delivered, presented, or used. Third and fourth degree forgery deal solely with checks, while first and second degree forgery are associated with all other documents.

According to O.C.G.A. § 16-9-1, a person commits the offense of forgery in the first degree when the accused has acted with the intent to defraud and he/she knowingly possesses any writing, other than a check, in a fictitious name or where the writing has been altered. Such writing by the accused must be without the authority of the authorized owner of the document.

Furthermore, to be convicted of first degree forgery, the fraudulent document must have been delivered, used, or presented. Alternatively, second degree forgery still requires that the accused had the intent to defraud the authorized owner of the document in the same way as first degree forgery, however, one key difference between the two is that to be convicted of second degree forgery, the fraudulent document must not have been delivered, used, or presented.

Lastly, third and fourth degree forgery deal solely with checks. A person commits the offense of forgery in the third degree when one of the following occurs:

  • The accused alters or defrauds the authorized owner of a check in the amount of $1,500 or more; OR
  • He/she possesses 10 or more checks written, without a specified amount, in a fictitious name or in some other way in which alters the check with the intent to defraud.

Fourth degree forgery is the same as the offense of forgery in the third degree except that the check amount is either less than $1,500 or he/she possesses less than 10 checks written in a fictitious name or in some other way alters the check to defraud the authorized owner.

PENALTIES

Forgery is characterized as either a felony or a misdemeanor, depending on what degree the State of Georgia charged the offense as. First, second, and third degree forgery are all felonies, while fourth degree forgery is classified as a misdemeanor.

An accused convicted of first degree forgery could be sentenced anywhere between 1-15 years in prison. Alternatively, for a conviction of second degree forgery, the punishment ranges between 1-5 years in prison. The same is also true for third degree forgery. Lastly, a conviction of forgery in the fourth degree shall be classified as a misdemeanor and the accused, if convicted, could be sentenced anywhere between 1-5 years in jail.

Due to the severity of the punishment for forgery convictions, it is of vital importance to hire an experienced criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for each degree of forgery, as well as all possible options for an accused dealing with such a serious charge.  Therefore, if you or a loved one has been arrested for forgery, please call our office today at 404-581-0999 for a free consultation.

Intensive Supervision Program after Arrest in Fulton County, Georgia

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What does it mean when the Fulton County magistrate judge gives you a bond but requires you to report under “ISP” or Intensive Supervision Program in Fulton County?

Intensive Supervision provides a more rigorous form of pretrial release.

Defendants released to the ISP program are required to meet with case managers a minimum of (3) three times a week. Release conditions such as electronic monitoring, curfew, securing a GED, and anger management counseling are utilized to minimize the likelihood of flight risk and future criminal misconduct.

The Due Process Protections Act under Federal Law

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The “Due Process Protections Act” (“DPPA”) became law in October 2020. It received rare bi-partisan support in both houses of Congress and was signed by Trump. The bipartisan support may be attributed to the fact that the law was inspired by the prosecution of U.S. Senator Ted Stevens. The charges against Sen. Stevens were dismissed, after a jury convicted the Alaskan Senator, when it was revealed that the U.S. Attorney withheld exculpatory materials (commonly referred to as “Brady” – more below). Commenting on the law, current Senator Sullivan of Alaska mentioned the “reckless” prosecution of Senator Stevens. Senator Sullivan stated that the purpose of the DPPA is to “ensure all Americans’ due process rights are protected, and to hold prosecutors accountable when they violate a defendant’s constitutional rights.”

The law requires federal courts at the initiation of every case to remind the government of its constitutional discovery obligations and the possible consequences for ignoring those obligations.

The Fifth and Fourteenth Amendments to the U.S. Constitution grant accused persons due process of law. The government is required to disclose exculpatory and impeachment evidence to ensure the accused’s constitutional guarantee to a fair trial. In Brady v. Maryland, the United States Supreme Court held that withholding exculpatory evidence violates due process “where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U.S. 83, 87 (1963). Under Brady, prosecutors have a duty to disclose exculpatory information when such information is “material” to guilt or punishment. See also United States v. Bagley, 473 U.S. 667, 682 (1985) (clarifying that evidence is material to a finding of guilt where “there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different”).

Limitations of the DPPA is that it fails to:

  • Set a timetable to reveal materials. For instance, prosecutors may choose not reveal Brady materials prior to plea negotiations. However, they do this at their own risk as they are required to reveal it for sentencing issues which may result in an embarrassing motion to withdraw a plea.
  • Require the prosecution to certify that they have complied with the DPPA.

The DPPA urges prosecutors to never forget that central tenet of Brady: “Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly.” Brady, 373 U.S. at 87.

In a recent case in which counsel represented a person in the Northern District of Georgia, the court advised the Government:

Pursuant to the Due Process Protections Act, see Fed. R. Crim. P. 5(f), the government is ordered to adhere to the disclosure obligations set forth in Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to provide all materials and information that are arguably favorable to the defendant in compliance with its obligations under Brady; Giglio v. United States, 405 U.S. 150 (1972); and their progeny. Exculpatory material as defined in Brady and Kyles v. Whitley, 514 U.S. 419, 434 (1995), shall be provided sufficiently in advance of trial to allow a defendant to use it effectively, and exculpatory information is not limited to information that would constitute admissible evidence. The failure of the government to comply with its Brady obligations in a timely manner may result in serious consequences, including, but not limited to, the suppression or exclusion of evidence, the dismissal of some or all counts, adverse jury instructions, contempt proceedings, or other remedies that are just under the circumstances.

 

Don’t mess with United States Senators! There have been countless Brady violations, but it was such a violation involving a U.S. Senator that prompted the DPPA.

Aggravated Assault Charges in Georgia

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In Georgia, there are two types of assault offenses that an accused person may be convicted of: simple assault and aggravated assault. Generally, simple assault is classified as a misdemeanor where aggravated assault is a felony offense. In this blog, we will solely discuss the latter.

According to O.C.G.A. § 16-5-21, a person commits the offense of aggravated assault when he/she commits an assault in one of the following aggravating circumstances:

  • The accused has the intent to murder, rape, or rob;
  • The accused commits the assault with a deadly weapon or object in which could result in serious bodily injury;
  • The accused commits the assault with an object, which is likely or is actually used for strangulation; OR
  • The accused commits the assault without legal justification by discharging a firearm from within a motor vehicle.

When the accused person commits an assault in one of the above-mentioned manners, the accused may be sentenced, if convicted, anywhere between 1-20 years in prison. However, the following offenses, as listed below, have different penalties due to the enhanced circumstances that surround the incident:

  • If the accused commits the aggravated assault upon a police officer while he/she is engaged in his/her official duties, the accused person may be sentenced to at least 10 years, but no more than 20 years in prison if such assault occurs from the discharge of a firearm. However, when the aggravated assault does not involve the discharge of a firearm, the accused person may be sentenced anywhere between 5-20 years in prison;
  • Any person who commits such an assault against the elderly may be sentenced to at least 3 years, but no more than 20 years in prison. The same punishment is true for any person who commits the aggravated assault in a public transit vehicle or station;
  • If the accused commits the aggravated assault upon public school personnel or on school property, he/she may be sentenced anywhere between 5-20 years in prison;
  • If such an assault is committed against a family member, as defined as “family violence” under Georgia law, the accused may be sentenced to at least 3 years, but no more than 20 years in prison; AND
  • Lastly, any person who commits such an assault with the intent to rape a child under the age of 14 years old, may be punished by a prison sentence of anywhere between 25-50 years.

CONTACT US

Due to the severity of the penalties for an aggravated assault conviction, it is of vital importance to hire an experienced criminal defense attorney who is knowledgeable of all possible options for an accused dealing with such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained at defending such charges. Therefore, if you or a loved one has been arrested for aggravated assault, please call our office today at 404-581-0999 for a free consultation.