Aggravated assault is a serious offense under Georgia law—oftentimes considered a felony. If convicted, you are at risk of jail time, fines, and a range of other penalties that could follow you for years to come. Due to the high stakes, it is crucial that seek out a dedicated assault attorney right away.
These cases are complex and often built on disputed testimony alone. You may have a strong chance of beating these charges with the right defense attorney. Let a Doraville aggravated assault lawyer evaluate your charges and discuss your options.
How State Law Defines Assault
Assault is one of the more common offenses leading to an arrest in Doraville. While it does not carry the steepest penalties, any criminal conviction can cause lasting challenges in your life.
To convict you of assault, prosecutors need to prove one of two things beyond a reasonable doubt. They can show that you attempted to commit a violent injury against another person or that you performed an act that placed someone in apprehension of an immediate violent injury.
One of the important things to consider in these cases is that you can be found guilty of assault without ever hurting anyone. Under either scenario described above, intended or likely harm toward someone is enough.
What are Aggravating Factors?
When you are accused of aggravated assault, the state is alleging that you have committed a more serious version of the underlying crime and deserve stiffer penalties. The prosecutor will not only need to prove all the elements of assault in your case, but they also have to show that you committed one of four aggravating factors as well. Those four factors involving committing assault:
- With the intent to murder, rape, or rob
- With any object likely to cause strangulation
- By discharging a firearm from a motor vehicle
- With a deadly weapon or object likely to cause serious injury
In addition to the underlying elements of the crime, the state also must prove only one of these factors. An attorney in Doraville could challenge the evidence of any aggravating factors as well as the underlying assault offense.
What Are My Defense Options?
You have different strategies for fighting back against an aggravated assault charge, and an attorney in Doraville could help you determine which one is appropriate. In some cases, it may be enough to highlight the weakness of the state’s case. They must prove all of the elements of the offense beyond a reasonable doubt, which is a very high threshold to cross.
Other cases may come down to claims of self-defense. Even if you act in a way that would qualify as assault, you cannot be convicted if you were protecting yourself from an immediate threat of harm.
Some defense attorneys might focus on attacking the evidence of an aggravated factor. Even if the case for assault against you is strong, beating the higher-level charge could keep you out of prison.
Call a Doraville Aggravated Assault Attorney Right Away
Aggravated assault is a serious charge that requires an immediate response. Before you consider a plea or attend court, let a Doraville aggravated assault lawyer advise you of your options. Reach out as soon as possible to discuss your case during a private consultation.