Aggravated assault is a very serious and frequently charged criminal offense. This article serves to explore the nature of the charge and the possible punishment if convicted.

The Offense

Under O.C.G.A. § 16-5-21, a person commits the offense of aggravated assault when they:

1. Commit an “assault” on a victim; and
2. The assault was aggravated by:
   1. An intention to murder, rape, or to rob;
   1. Use of 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;
   1. Use of any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
   1. The person discharging a firearm from within a motor vehicle toward a person or persons without legal justification.

Put differently, aggravated assault has two essential elements that must be proven beyond a reasonable doubt: (1) that an assault was committed on the victim and (2) that it was aggravated by (a) an intention to murder, to rape, or to rob or (b) use of a deadly weapon.  Durden v. State, 327 Ga.App. 173, (2014). An underlying simple assault is required to be proven.

O.C.G.A. § 16-5-20 states that 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.

As we can see, this basic assault statute combined with any of the above statutory aggravators can result in a felony conviction for aggravated assault.

It is important to note proof of actual injury is not required. The law punishes even the mere possibility that serious injury would result from the use of deadly weapon, object, device, or instrument. The “deadly” nature or character of a weapon is determined by the jury.  These instruments, devices, or objects can include, but are not limited to: hands and feet, knives, axes, hatchets, and other sharp instruments, blunt instruments such as baseball bats, clubs, or irons, fires, motor vehicles, pepper spray, bottles, books, pens, phones, sticks, use of an animal, and even furniture.

Punishment

The range in punishment depends on the status of the alleged victim. Generally, a person convicted of aggravated assault may be sentenced to prison for 1 to 20 years. If the alleged victim is a peace officer, correctional officer, officer of the court, or emergency health worker, the penalty ranges from 5 to 20 years of imprisonment. If the victim is 65 years of age or older, the penalty ranges from 3 to 20 years imprisonment. If the aggravated assault is committed in a public transit vehicle or station, the punishment ranges from 3 to 20 years. If an aggravated assault is committed against a student, teacher, or school personnel within a school safety zone, the penalty ranges from 5 to 20 years imprisonment. If the aggravated assault is committed with the intent to rape a child under age of 14, the penalty ranges from 25 to 50 years imprisonment. These prison sentences may also include fines, terms of probation, and restitution to the alleged victim.

Contact Us

Aggravated assault is a serious criminal offense.  If you or a loved one has been charged with aggravated assault, please contact our office today at 404-581-0999 for a free consultation. Our firm has successfully handled aggravated assault cases resulting in dismissals, reductions, and jury trials in multiple jurisdictions across Georgia.